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2026 DAILYLAW 5913 (BOM)

PRAKASH PATIL AND ORS v. STATE OF MAHARASHTRA THR PRIN. SEC HOME DEPT. AND ORS

WP/10478/2026 · 2026-09-02

body2026

Judgment text

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11-WP-10478-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10478 OF 2026 Prakash Patil and others ...Petitioners Versus State of Maharashtra and others ...Respondents ****** Mr. Nitin Kaskar, i/b Ms. Priya Patil for Petitioners. Mr. B. V. Samant, Addl. G.P., a/w Ms. Tanu N. Bhatia, AGP for Respondents/State. ****** CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 02nd SEPTEMBER 2026. PC: 1. On 19/08/2026, this Court had passed the following order: “1. An adjournment is sought on the ground of personal difficulty of the learned counsel for the Petitioner. 2. Although we are inclined to adjourn the hearing of this petition for the said ground, a perusal of the writ petition shows that the Petitioners appear to be challenging Gram Sabha Resolutions of the year 2023, prima facie, without any cogent reason. 3. List under the same category of fresh matters on 2nd September 2026.” 2. Today when the petition is called out for hearing, the learned counsel for the Petitioners, on instructions, seeks permission to withdraw this petition and further seeks liberty to file a fresh petition on the same cause of Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.03 14:44:21 +0530 11-WP-10478-2026.doc action. 3. We have perused the present writ petition and as noted in our order dated 19/08/2026, we do not find any cogent ground made out in this petition to even consider the prayers made in the petition. The prayers pertain to declarations in respect of resolutions of Gram Sabha passed in the year 2023. The Petitioners claim that although their rights were allegedly affected by such Gram Sabha Resolutions, they were not present when such Resolutions were passed and their signatures were allegedly fraudulently shown in the Gram Sabha proceedings. 4. We are of the opinion that since the allegations made by the Petitioners pertain to the question of fraud and fabrication, which are raised after considerable period of time, such a grievance cannot be entertained in writ jurisdiction. Therefore, even if the Petitioners intend to withdraw this writ petition, there is no question of granting liberty to file a fresh writ petition on the same cause of action. 5. In view of the above, the writ petition is dismissed as withdrawn. However, the Petitioners may agitate their grievance with regard to alleged fraud and fabrication by instituting proceedings strictly in accordance with law. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 2