Vipul Baldev Rajput v. The State Of Maharashtra And ORS.

2024:BHC-AUG:17853-DB 7217.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 7217 OF 2024 IN WP/2638/2006 VIPUL BALDEV RAJPUT

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

....

Mr A. S. Bayas, Advocate for Applicant;

Mr S. K. Tambe, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 9th August, 2024 PER COURT:

1.

The Petitioner's claim of belonging to the 'Rajput Bhamta' V.J.N.T. category has been invalidated. The Writ Petition challenging the invalidation is instituted in February 2006. By an order dated 10/04/2006, the Writ Petition has been admitted and the ad-interim relief has been granted.

2.

At this stage, the learned Advocate for the Applicant/Petitioner submits that, he is unconditionally not pressing prayer clause (B) in this Civil Application, which was for

7217.24ca (2) seeking further service benefits, though his claim has been invalidated. He prays for leave to withdraw this Application on instructions.

3.

Considering the law laid down in Chairman and Managing Director, Food Corporation of India and others Vs. Jagdish Balaram Bahira and others, (2017) 8 SCC 670, unless the Petitioner's claim is not validated, he cannot be granted further service benefits.

4.

In view of the above, this Civil Application is disposed off, as withdrawn on instructions.

5.

List Writ Petition No.2638/2006, for a final hearing on 29/08/2024, to be called out after the 'fresh admissions' board is over.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk