Bench held that writ petitions under Article 226 filed for reliefs already disposed of in earlier petitions were completely misconceived. Non-compliance of the disposed order is not a ground to file fresh petitions seeking same reliefs. Petitions were rejected.
Petitions rejected and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 WP9903&9910_14.sxw
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9903 OF 2014
Saifan Khajabhai Mujawar ... Petitioner Versus
State of Maharashtra and others ... Respondents
WITH
WRIT PETITION NO.9910 OF 2014
Sunil Malleshappa Gore ... Petitioner Versus State of Maharashtra and others ... Respondents
Mr. Bhushan Walimbe i/b. Ms Preeti B. Walimbe for Petitioner in both the Petitions.
Mr. S. N. Patil, AGP for Respondents State.
CORAM : A.S.OKA & A.S.GADKARI, JJ. DATE : 15TH NOVEMBER, 2014
P.C . :
Heard the learned counsel appearing for Petitioners and the learned
AGP for Respondents. These Petitions, under Article 226 of the Constitution of India, are completely misconceived. For more or less the same reliefs, earlier Petitions were filed by the Petitioners, which have been disposed of by the order dated 20th August 2014. If the grievance of the Petitioners is as regards non-compliance of the said order, it is for them to adopt appropriate proceedings. That is no ground to file fresh Petitions and seek the same
reliefs, which were sought in the earlier Petitions.
(A. S. GADKARI, J.)
(A. S. OKA, J.)
Minal Parab
1/1
2 issues framed by the court
Whether fresh writ petitions are maintainable for the same grievances when earlier petitions on the same reliefs were already disposed of.
Whether non-compliance of a previously disposed order is a valid ground for filing fresh petitions seeking identical reliefs.
Saifan Khajabhai Mujawar
Sunil Malleshappa Gore
State of Maharashtra
A.S.Oka
A.S.Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
