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Bombay High CourtWP/15127/2023disposed off

Mohammed Saleem Mohammed Naeem v. The State Of Maharashtra Through Principal Secretary And Others

2023-12-12Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2023:BHC-AUG:26633-DB 935wp15127-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15127 OF 2023 MOHAMMED SALEEM MOHAMMED NAEEM ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS .....Respondents Mr. M S Chaudhari, Advocate for the Petitioner Mr. S. K. Tambe, AGP for the Respondents State

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 12th December, 2023 ORDER:

1.

The Petitioner claims to be from a 'Royal family' and to be a 'Noble' person. His grandfather had more than 200 acres of agricultural land. Respondent No.7 is his uncle who has received a caste certificate of "Phulari" which falls in the OBC category. The grievance is that because of Respondent No.7, the family is being defamed and their nobility is tarnished.

2.

We are of the view that a Writ of Mandamus under Article 227 cannot be issued in a matter wherein two private individuals have grievances against each other. If the Petitioner desires to approach the Civil Court or take recourse to any remedy as may be permissible in law, we leave that liberty open.

935wp15127-23 3.

In view of the above, the learned Advocate for he Petitioner seeks liberty to withdraw this Petition. This Petition is disposed off as withdrawn on instructions.

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