Kalyan Santukrao Waghmare And Others v. The State Of Maharashtra And Others

2026:BHC-AUG:16649-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.1714 OF 2026 Kalyan Santukrao Waghmare And Others

VERSUS

The State Of Maharashtra And Others ...

Mr. Balaji Shinde h/f Mr. R. R. Kale, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondents/State. Mr. Sanjaykumar B. Bhosale, Advocate for Respondent Nos.6 to 9. ...

CORAM : SMT. VIBHA KANKANWADI & NEERAJ P. DHOTE, JJ.

DATE : 17 APRIL 2026 ORDER :

.

Issue notice to the respondents. Learned AGP waives service of notice on behalf of respondent Nos.1 to 5, and learned Advocate Mr. Bhosale waives service of notice for Respondent Nos. 6 to 9. 2.

Learned Advocate for the petitioners relies upon the order passed by this Court in Shivanand s/o Shrimant Mage & Ors. v. The State of Maharashtra & Ors., in Writ Petition No. 4995 of 2021 with companion matters, at the Principal Seat, on 04.07.2022, and submits that a similar order be passed in the present matter. In the said order, it has been observed that the petitioners therein were granted Certificate of Excellent Work in the year 2006-07 and the same cannot be withdrawn [1]

retrospectively on the basis of a subsequent Government Resolution and by giving reference of Writ Petition No.1954 of 2018 with connected matters decided vide order dated 25.01.2019. It has been observed that the Government Resolution dated 24.08.2017 will have prospective effect and not retrospective and in that case benefit that was accorded to the petitioners of excellent work in the year 2006 and 2007, shall not be withdrawn. Learned Advocate for the petitioners makes a statement that inadvertently the petitioners were praying for refund. After tendering apology, he submits that amount has not been recovered from the petitioners.

3.

In the present case, it appears that after the aforesaid order was passed, an order dated 23.07.2025 was issued by the Chief Executive Officer, Zilla Parishad, Jalna, wherein it appears that effect was tried to be given, in respect of those persons who had filed the Writ Petition as well as those who had not filed the Writ Petition, in terms of the order passed in Writ Petition No.1954 of 2018. Thereafter, by communication dated 06.08.2025, a specific order was passed mentioning the names of the persons who had approached the Court by resorting to legal proceedings. Subsequently, by communication dated 08.09.2025, clarification was sought by the Zilla Parishad, Jalna, from the State Government.

[2]

4.

In view of the statement made that the purpose of the petitioners would be served by passing a similar order, and though it appears that the clarification sought by the Zilla Parishad is pending before the State Government, we dispose of the Writ Petition by directing the Zilla Parishad to take the same recourse as directed in Shivanand s/o Shrimant Mage & Ors. (supra). Such decision shall be taken within a period of two

(2) months from today.

[ NEERAJ P. DHOTE ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]