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Bombay High Court

BIBHISHAN NIVRUTTI PATILversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the writ petition, granting the petitioner a fresh opportunity to present his appeal before the Minister and directing a hearing within a specified timeframe.

Summary

The petitioner, Bibhishan Nivrutti Patil, filed a writ petition challenging an order dated 22 May 2025 by the Minister of Revenue and Forest Department that dismissed his appeal on the ground of lack of interest, due to his medical illness and miscommunication with his legal consultant. The petitioner argued that his absence was justified and sought a fresh opportunity to prosecute the appeal before the Minister. The respondents contended that the petitioner had failed to diligently pursue the appeal and that the dismissal was proper. The Court observed that the petitioner’s absence had resulted in the appeal remaining unadjudicated on its merits and held that procedural fairness required granting him at least one more chance to be heard. Accordingly, the writ petition was allowed, directing the parties to appear before the Secretary on 1 April 2026 and ordering the Minister to schedule a hearing and decide the appeal within three months.

Issues considered

  • What is the appropriate remedy when a petitioner’s appeal is dismissed due to alleged lack of interest caused by personal medical difficulties?
  • Whether the petitioner is entitled to a further opportunity to prosecute the appeal before the Minister despite prior default?

Subjects

  • writ petition
  • appeal
  • procedural fairness
  • ministerial order
  • right to be heard
  • adjournment

Judgment

2026:BHC-AUG:9250


                                                 (1)                        47 WP 10686 OF 2025


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               47 WRIT PETITION NO. 10686 OF 2025

                                    BIBHISHAN NIVRUTTI PATIL
                                               VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                                   ...
           Mr. S. N. Patne, Advocate for the Petitioner
           Mrs. B. B. Gunjal, AGP for Respondent Nos.1 to 4
           Mr. V. C. Solshe, Advocate for Respondent Nos.6 to 8
                                                   …

                                            CORAM      : AJIT B. KADETHANKAR, J.
                                            DATE       : 04.03.2026

           PER COURT :-

           .            Feeling aggrieved by the order dated 22.05.2025 passed by the

           Hon’ble Minister, Revenue and Forest Department, Mantralaya Mumbai in dz-

           vfiy&2023@iz-dz-358@t&7v] iz-dz-266 ¼07½ 2024@voiq , the petitioner has filed

           the present petition.

           2.           Mr. Patne, learned counsel for the petitioner, submits that due to

           certain personal medical difficulties, the petitioner could not remain present to

           prosecute his appeal before the Hon’ble Minister. He further submits that, by

           the impugned order, the appeal came to be dismissed on the ground that the

           petitioner was not interested in prosecuting the appeal.

           3.           Mr. Patne further submits that due to the aforesaid difficulty and

           certain miscommunication between the petitioner and his legal consultant, the
                                       (2)                       47 WP 10686 OF 2025


petitioner could not effectively prosecute the appeal before the Hon’ble

Minister. He submits that the petitioner undertakes to prosecute the appeal if

permitted by this Court and shall diligently pursue the same.

4.           Mrs. B. B. Gunjal, learned AGP, opposes the writ petition and

submits that the authority has rightly recorded that the petitioner failed to

diligently prosecute the appeal. She submits that the authority was not at fault

in passing the impugned order and that the impugned order deserves to be

sustained.

5.           Heard both the parties.

6.           It appears that the petitioner remained absent on certain dates

when the appeal was listed for hearing. Due to the absence of the petitioner

and other respondents, the impugned order came to be passed. Consequently,

the dispute raised by the petitioner before the Hon’ble Minister has remained

unadjudicated on its merits.

7.           In my view, the petitioner ought to be granted at least one

opportunity to agitate his claim on merits before the Hon’ble Minister.

8.           In view of the above, the following order is passed :

                                   ORDER

      a.     The writ petition is allowed.

      b.     The petitioner and respondent Nos.6 to 8 shall appear

      before respondent No.1 – Secretary, Revenue and Forest
                                      (3)                        47 WP 10686 OF 2025


      Department, Mantralaya, Mumbai on 1st April 2026.

      c.    The respondent No.1 shall thereafter grant a suitable date to

      the parties for hearing in the appeal.

      d.    The petitioner and respondent Nos.6 to 8 undertakes not to

      seek any adjournment in the matter and shall diligently attend

      every date of hearing.

      e.    The respondent No.1 shall adjudicate the appeal of the

      petitioner on its own merits within a period of three (3) months

      from the date of appearance of the parties i.e. 1st April 2026.



                                                   [AJIT B. KADETHANKAR, J.]
PRW


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