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Bombay High CourtPIL/138/2024dissmiss for defaultnonprosecution

Tushar Manohar Khairnar v. State Of Maharashtra Thr Its Chief Secretary And Orss

2025-07-22Hon'Ble The Chief Justice , Hon'Ble Shri Justice Amit Borkar2 pages

JPP 1. IA 2682.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI PRAKASH PAWAR Date:

2025.07.23 10:31:01 +0530 JYOTI PRAKASH PAWAR INTERIM APPLICATION NO. 2682 OF 2025 WITH PUBLIC INTEREST LITIGATION NO. 138 OF 2024 Tushar Manohar Khairnar ... Applicant/Petitioner V/s.

State of Maharashtra and Ors.

... Respondents _______________________________________ Mr. Raghav Srivatsa i/b. Tushar Manohar Khairnar for Applicant/Petitioner Ms. Neha S. Bhide, G.P. with Mr. K.B. Dighe, Addl.G.P. with Ms. G.R. Raghuwanshi, AGP for the Respondent - State _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 22 JULY 2025 P.C. :

1.

Heard on Interim Application, an application seeking restoration of the Public Interest Litigation, which was dismissed for default on 2 January 2025. For the reasons assigned in the application, duly supported by an affidavit, order dated 2 January 2025 is recalled. 2.

In the result, Public Interest Litigation No. 138 of 2025 is restored to file.

3.

With consent of parties, Public Interest Litigation No. 138 of 2024 is taken up for consideration.

1/2

JPP 1. IA 2682.2025.doc 4.

In the instant PIL, the Petitioner, inter-alia, seeks a direction to the Respondents to follow the directions issued by the Supreme Court in Food Corporation of India vs. Jagdish Balaram Bahira - 2017(8) SCC 670 and to remove the employees who have secured their employment against reserved posts but have failed to prove their caste claims. 5.

We have heard the learned Counsel for the Petitioner. 6.

The directions have already been issued by the Supreme Court which are binding under Article 141 on all the authorities. In case, the grievance of the Petitioner is that the aforesaid directions have not been complied with by the State of Maharashtra, it is open for him to take appropriate steps for redressal of his grievance. 7.

With the aforesaid liberty the PIL is dispose of. ( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2