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Bombay High Court

PRANITA PANKAJ THAKURversusSTATE OF MAHARASHTRA THR REVENUE AND FOREST DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as premature, with liberty granted to withdraw and re‑file a reply to the notice.

Summary

Petitioner Jayant Vishwanath Salunke filed a writ petition in the Bombay High Court seeking a writ of certiorari and mandamus to quash a notice dated 24 January 2025 issued by Respondent No. 4. The Court observed that the matter underlying the notice had not yet been finalized, rendering the petition premature. Consequently, the Court allowed the petitioner to withdraw the writ petition, granting liberty to file a detailed reply to the notice within four weeks. The Court directed the competent authority of the respondents to consider the reply and decide within eight weeks thereafter. No merits of the notice were examined, and all contentions remain open for future consideration.

Issues considered

  • What is the appropriate procedural stance when a writ petition is filed before the underlying matter is finalized?
  • Whether the High Court can entertain a petition for certiorari and mandamus to quash a notice that is still pending adjudication?

Subjects

  • writ petition
  • certiorari
  • mandamus
  • premature filing
  • procedural law
  • High Court

Judgment

                                                                                        38-WP.10257.2026.doc

      Salunke
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

JAYANT
VISHWANATH                              WRIT PETITION NO. 10257 OF 2026
SALUNKE
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.10.06
11:13:26 +0530
                      Pranita Pankaj Thakur                         }      Petitioner
                            Versus
                      State of Maharashtra & Ors.                   }      Respondents


                      Dr. Uday Warunjikar with Mr. Ditendra Mishra and
                      Mr.Sumit Kate, Advocates for the Petitioner.

                      Ms. Neha S. Bhide, Government Pleader with Mr. O. A.
                      Chandurkar, Additional Government Pleader, Mr. Ketan
                      Joshi, ‘B’ Panel Counsel and Ms. G. R. Raghuwanshi,
                      AGP for Respondent Nos. 1, 2, 5 & 6 (State).

                      Mr. Samir Kumbhakoni with Ms.                     Nikita   Pandey,
                      Advocates for Respondent Nos. 3 & 4.


                                    CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                            ADVAIT M. SETHNA, J.

                                    DATE       : 5th OCTOBER, 2026

                      P.C.:
                      1.      By the instant Writ Petition, the Petitioner, inter alia, seeks

                      the following substantive relief: -

                              “(b) This Hon’ble Court be pleased to issue a writ of Certiorari and
                              Mandamus or other writ of direction in the nature of Certiorari and
                              Mandamus and be pleased to quash and set aside the impugned
                              order/notice bearing outward No. V.V.S.M./City/4088/2024-25 dated
                              24.01.2025 issued by the Respondent No. 4 (Exhibit ‘A’) to this
                              Petition.”

                      2.      After hearing the matter for some time, once we expressed our

                      disinclination to interfere with the Impugned Notice dated 24 th

                      January 2025, on account of the fact that the matter is yet to be

                                                              1
                                                          38-WP.10257.2026.doc


finalized, this Writ Petition is premature. Accordingly, the learned

Counsel for the Petitioner seeks leave to withdraw the Writ Petition

with liberty to the Petitioner to file reply to the Impugned Noticed

and pursue the same in accordance with law.


3.     In view of the aforesaid submission, the Writ Petition is

Disposed Of with the liberty as prayed for. In case the Petitioner

files a detailed reply to the Impugned Notice along with requisite

documents, within a period of four weeks from the date of

uploading    of   this   Order.   The   Competent    Authority     of    the

Respondents shall consider and decide the same in accordance with

law within further eight weeks’ thereafter.


4.     It is made clear that we have not adverted to the merits of the

Impugned Notice and all contentions of the parties are kept open.




     [ADVAIT M. SETHNA, J.]                         [CHIEF JUSTICE]




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