Laveen Alan Dsouza And ANR v. State Of Maharrashtra Thr Its Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1909 OF 2025 Laveen Alan D'souza and Anr.

....Petitioners Digitally signed by NIKITA KAILAS DARADE Date:

2025.02.20 17:33:17 +0530 versus NIKITA KAILAS DARADE State of Maharashtra and Ors.

....Respondents Mr. Saurabh Saxena a/w Simal Oza i/b M/s. SAS Law Associates for the Petitioners.

Mr. Kedar, Dighe, Addl. G. P. a/w Ms. P. B. Chavan, AGP for the State.

Ms. Akansha Yadav i/b Mr. Sandeep Shinde for Respondent Nos. 2 and 3.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 12th FEBRUARY, 2025 P.C. :- 1.

We have heard the learned Advocate for the Petitioners. 2.

To a specific query as to whether they are in the zone of consideration, the answer was that these two Petitioners are not in the zone of consideration. We then put a further question to the learned Advocate for the Petitioner, as to whether this Petition would affect those who are selected, if the Petitioners be selected.

The answer was that the Petitioners have 32 colleagues and somebody from them is likely to be selected. Thereafter, we put a question to the learned Advocate for the Petitioner, as to why are the selected candidates not arrayed as Respondents. The answer was that the Petitioners are not against the promoted candidates and have nothing to do with their promotion.

3.

Learned Advocate for the Petitioners submits that the Petitioners are against the selection process, without suffering a legal injury. The entire selection process for promotion is over and the promotion orders are yet to be issued.

4.

In view of the above, in view of the pleadings set out, there is no cause of action before us. The Petitioners have not suffered any legal injury. We are of the view that those persons who are allegedly deprived of the promotions in view of the promotion list published, could have a cause of action. 5.

At this juncture, the learned Advocate for the Petitioners submits on instructions that the Petitioners desire to withdraw this petition.

6.

In view of the above, this Writ Petition is dismissed as withdrawn on instructions.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)