Bombay High Court
BIBHISHAN NIVRUTTI PATILversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- AJIT B KADETHANKAR
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
Checking your session…