LAWS(BOM)-2008-7-8

SANDEEP BADRIPRASAD AGRAWAL Vs. UNION OF INDIA

Decided On July 31, 2008
SANDEEP, BADRIPRASAD AGRAWAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Rule made returnable forthwith by the consent of Mr. S. A. Gordey, Adv. for petitioner, Mr. S. K. Mishra, Assistant Solicitor General for respondent No. 1, Mr. S. B. Ahirkar, Assistant Government Pleader for respondent No. 2, Mr. Pradeep Marpakwar, Adv. for respondent No. 3 and Mr. Girish Choubey, Adv. for respondent Nos. 4 and 5. Heard the learned counsel for the respective parties.

(2.) Counsel for the respondents raised the preliminary objection about maintainability of present petition in view of law laid down by the Apex Court in the case of Meghraj Kothari vs. Delimitation Commission and ors., reported in AIR 1967 SC 669. Considered the contentions canvassed by the respective counsel in respect of maintainability of present petition and also perused the decision of the Apex Court.

(3.) In the instant case, the following facts are not in dispute :