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Bombay High CourtWP/9318/2014disposed offdismissed for default

Preeti Babukalidas Waghmare v. The State Of Maharashtra And Others

2015-07-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9318 OF 2014 Preeti Babukalidas Waghmare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Mahesh C. Swami, Advocate for the Petitioner. Shri K. M. Suryawanshi, A. G. P. for the Respondent No. 1. Shri Kulkarni, Advocate h/f Shri A. M. Karad, Advocate for the Respondent No. 2.

Shri A. B. Tele, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 01ST JULY, 2015.

PER COURT :

.

The petitioner challenges the termination order issued to her on account of invalidation of the tribe claim. Mr. Swami, the learned counsel for the petitioner places reliance on the judgment of the Full Bench of this Court in a case of Arun Sonawane Vs. State of Maharashtra reported in 2015(1) Mh.L.J. 457. 2.

We have heard Mr. Tele, the learned counsel for the respondent No. 3 also.

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The petitioner in fact had challenged the said termination order in earlier Writ Petition No. 5800 of 2007 vide prayer clause D-1. While dismissing the writ petition this court had not granted said relief to the petitioner. Fresh writ petition challenging the same termination order would not be tenable. 4.

We would have considered the case of the petitioner, had the petitioner not challenged the said termination order in earlier writ petition.

5.

In the light of the above, we dispose of the writ petition. The petitioner, if, she is so advised file a review of the earlier order or take up such other proceedings in respect of order dated 16.08.2011 in Writ Petition No. 5800 of 2007. No costs. [ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/July 15