ADARSHA BAHUUDDESHIYA MANDAL Vs. JAYDEO DAYARAM BOKDE

JUDGEMENT

(1.) Mr. Dharmadhikari, learned counself or the petitioner relies upon Dattakihsor Jagannath Kumbhare vrs. State of Maharashtra and ors, 2017 (6) Mh.L.J. 449, which is based upon Chairman & Managing Director, FCI vrs. Jagddish Balaram Bahira and ors, (2017) 8 SCC 670, and holds that no protection is available, as the decision of the Full Bench in Arun Sonwane has been overruled in FCI (supra) on each and every count and therefore, no protection could be granted in the instant matter. It is also contended that Dattatray Jagannath Kumbhare (supra) was a bunch of petitions which included Diwakar vrs State (W.P.No.4252/2002). The judgment in Dattatray Kumbhare (supra) came to be challenged before the Hon'ble Apex Court by Diwakar (the petitioner in W.P.No. 4252/2002) by way of SLP (Civil) Diary No. 33807 of 2017, which came to be dismissed by the Hon'ble Apex Court on 18/12/2020. It is thus contended that the view taken by the learned Division Bench of this Court stands confirmed on account of dismissal of Diwakar (supra) by the Hon'ble Apex Court. He further contends that while deciding Raja Tukaram Shinde (supra), the judgment of the learned Division Bench in Dattakishor (supra) was not brought to the notice of the learned Division Bench. It is also contended that against Raja Tukaram Shinde (supra), SLP No. 2530/2022 is also pending. It is therefore submitted that in this situation Pradeep (supra) relied upon by Mr. Parsodkar, learned counsel for the respondents does not assist him.

(2.) List the matter on Monday, 26/6/2023.