The Rastriya Mahamarga No 753 L Thr Its Member v. The Union Of India Thr Its Secretary And Others

2025:BHC-AUG:31454-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 WRIT PETITION NO. 12352 OF 2025 THE RASTRIYA MAHAMARGA NO 753 L THR ITS MEMBER

VERSUS

THE UNION OF INDIA THR ITS SECRETARY AND OTHERS ...

Mr. Vinod P. Patil Advocate for Petitioner.

Mr. A.G. Talhar, Standing Counsel for Resp. Nos.1 and 6. Mr. A.B. Girase, Government Pleader for Resp. Nos. 2, 5 and 7. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 14th NOVEMBER, 2025 ORDER :

1.

Present petition has been filed to challenge the Government Resolutions dated 05.10.2021, 06.10.2021, 14.01.2022, 24.01.2023 issued by the Revenue and Forest Department.

2.

Mr. Talhar, learned Standing Counsel waives notice for respondent Nos.1 and 6.

3.

Learned Government Pleader waives notice for respondent

Nos.2, 5, 6 and 7 and raises objection regarding maintainability of the Petition in view of the fact that the petitioner is not a registered society. He relies upon Mahinder Kumar Gupta and others vs. Union of India, Ministry of Petroleum and Natural Gas, (1995) 1 SCC 85, Prathyasa Mental Health Counselling Forum Through its Program Me Coordinator, George Sebastian vs. State of Kerala Represented by Chief Secretary and others, 2020 SCC OnLine Ker 2314, Andhra Pradesh Arrack Contractors Association, Hyderabad vs. Government of Andhra Pradesh Revenue (Excise) Department, Hyderabad and another, 1997 SCC OnLine AP 460, All Bengal Legal Husking Mill Owners' Association vs. the State of West Bengal, 1996 SCC OnLine Cal 279, Tamil Nadu Government Office Assistant vs. Basic Servants Association, District Branch, Dindigul District, 2007(3) L.L.N. 942.

4.

Learned Advocate Mr. Patil for the petitioner relies upon the R.S.E.B. Accountants Associations vs. the Rajasthan State Electricity Board, 1995(3)WLC1. However, he admits the fact that the petitioner is not a registered association or organization.

5.

When the petitioner is not a registered organization or association, then whether it can file the petition through its one member, is a question.

6.

Learned Advocate for the petitioner then submits that he would withdraw the Petition and would file a separate petition, as many persons have been affected due to the Government Resolutions.

7.

Prima facie, we also feel that the present Petition is not maintainable in view of the fact that the petitioner is not a registered organization or association. We, therefore, permit the petitioner to withdraw the Petition. The Writ Petition stands disposed of as withdrawn.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/NOV25