Sanjay Balwant Belekar v. The State Of Maharashtra And ORS

13-WP-11929-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11929 OF 2024 Sanjay Balwant Belekar

...Petitioner

Versus

The State Of Maharashtra And Ors

...Respondents

__________ Adv. Tejesh Dande, for the Petitioner.

Ms. P.J. Gavhane, AGP for State.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

16 APRIL 2025 P.C.:

1.

Mr. Dande, learned counsel for the petitioner fairly states that the cause of action would be required to be espoused by the petitioner before the Maharashtra Administrative Tribunal, considering the statutory position of law as laid down in the Constitution Bench judgment of the Supreme Court in L. Chandra Kumar vs. Union of India and others1, another decision of the Supreme Court in State of Uttar Pradesh and Another vs. Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti and Ors2 as also reiterated by this Court in the case of Vijay Ghogare vs. State of Maharashtra and Others3. 2.

Accordingly, the petition is allowed to be withdrawn with liberty to approach the Maharashtra Administrative Tribunal. 3.

All contentions of the parties are expressly kept open. 4.

Disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]

1. (1997) 3 SCC 261.

2. (2008) 12 SCC 675

3. 2013 SCC OnLine Bom 1764.

Mayur Adane, PA