Rajendra Gulab Bhadage And Another v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 11541 OF 2025 RAJENDRA GULAB BHADAGE AND ANOTHER

VERSUS

STATE OF MAHARASHTRA AND OTHERS Mr. U. A. Bhadgaonkar, Advocate for the Petitioners Mr. S. K. Tambe, Addl. GP for Respondent Nos.1 and 2/State CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 26th NOVEMBER, 2025 P. C. :- 1.

Heard learned Advocate for the Petitioners.

2.

Learned AGP waives notice on behalf of Respondent Nos.1 and 2.

3.

The Petitioners are working as Maparis with Respondent No.3. They were issued license for doing the same work by Respondent No.3. When the Petitioners had applied for the renewal of their licenses as usual, their licenses have not been renewed on the ground that they have crossed the age of 58. Relying upon the interim order passed in Writ Petition No. 6343 of 2013 913 WP 11541.2025.odt

(Harishkumar Ramanlal Oza and Ors. Vs. State of Maharashtra, Department of Marketing, Central Building, Pune and Ors.), dated 17th November, 2014, wherein it has been observed that the bye laws placing the bar of license to a Mapari after crossing age limit of 58 has been held to be unjustified. Interim protection was granted. The Petitioners are similarly situated and in other two matters also, interim protection has been granted. Therefore, we are also inclined to grant the interim protection and direct the Respondent No.3 to consider the applications for renewal of license of the Petitioners without insisting upon the age limit, however, subject to the Petitioners producing fitness certificate. If the Petitioners produced the certificate within a period of one week, then it should be considered by Respondent No.3 for issuing license in their favour within a period of further one week. 4.

Issue notice to Respondent No.3 to be made returnable on 22nd December, 2025.

[SMT. VIBHA KANKANWADI] [HITEN S. VENEGAVKAR] JUDGE JUDGE ssp 913 WP 11541.2025.odt