Rahul Prabhakar Kawthekar v. The Secretary And Commissioner

LSP 1 19 wp 11265.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No.11265 of 2024 Rahul Prabhakar Kawthekar ...

Petitioner.

V/s.

The Secretary and Commissioner ...

Respondents.

Mr. Parshva Bhankharia a/w. Mr. Vinaykumar Khata a/w. Mr. Asim Sarode for the Petitioner.

Ms. Tejas J. Kapre, AGP for State-Respondent No.1. Digitally signed by LATA SUNIL PANJWANI Date:

2024.08.14 15:36:49 +0530 CORAM : NITIN JAMDAR, AND M.M. SATHAYE, JJ.

LATA SUNIL PANJWANI DATE : 13 August 2024.

P.C. :

Heard learned counsel for the parties.

2.

The present petition is filed by the Petitioner for challenging the Government Resolution dated 18 June 2024 as regards the staffing pattern of the posts in the Excise Department. This petition is not a public interest litigation, if at all, it can be so filed. Secondly, it pertains to the posts in the State Government and if the Petitioner had any legal right in respect of recruitment in the State, the Petitioner will have to approach the Administrative Tribunal. The

LSP 2 19 wp 11265.24.doc Petitioner has not even applied for any post, and has made averments in the petition, based on what he states, general knowledge. 3.

Nothing is shown as to what is the legal right of the Petitioner that is affected. When the Petitioner has no existing legal right, the relief as sought for cannot be granted at the behest of the Petitioner. 4.

Writ Petition is rejected.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)