Bombay High Court

KALPANA PREMANAND NAYAKversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 2 February 2026
Disposal: Disposed Off
Bench: BHARATI DANGRE MANJUSHA AJAY DESHPANDE

Holding

The Court held that the petition is innocuous and directed the appellate authority to decide the pending appeal within eight weeks.

Summary

The petitioner, Kalpana Premanand Nayak, filed writ petition No.11082 of 2023 before the Bombay High Court seeking direction regarding a pending appeal before the Additional Central Provident Fund Commissioner/Appellate Authority dated 14 February 2022. The petition alleged long pendency and asked the Court to intervene. The Court examined the petition and found it to be innocuous, i.e., not raising any substantive legal controversy. Consequently, the Court directed Respondent No.2 (the Appellate Authority) to decide the pending appeal expeditiously, within eight weeks from the date of the order. No substantive merits of the appeal were adjudicated; the Court merely issued a procedural direction. The writ petition was disposed of with the said direction.

Issues considered

Whether the writ petition is innocuous and may be disposed by directing the appellate authority to decide the pending appeal expeditiously

Subjects

expeditious disposal
writ petition
administrative law
appeal pendency

Judgment

                                                              1/1                      9-WP-11082-2023.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.11082 OF 2023


                              Kalpana Premanand Nayak                               Petitioner
                                                   Versus
                              The State of Maharashtra and Anr                 ..   Respondents

                              Ms.Divya Kakkar h/f Swapana Kode for the Petitioner.
                              Ms.S.A. Prabhune, AGP for the State-Respondent.

                                                     CORAM: BHARATI DANGRE &
                                                             MANJUSHA DESHPANDE, JJ.
                                                     DATED : 2nd FEBRUARY, 2026

                              P.C:-


                              1          A limited grievance in the       Petition is to decide         the
                              Appeal         pending    before      the   Additional     Central        P.F.
                              Commissioner/Appellate             Authority,     the    Appeal        being
                              presented on 14/02/2022.

                                         On hearing the learned counsel for the Petitioner and on
                              perusal of the proceedings, since we <nd the prayer to be
                              innocuous, we direct Respondent No.2/Appellate Authority to
                              decide the Appeal presented to it on 14/02/2022, if it is not
                              already decided, in expeditious manner                and if at all it is
                              pending. Due to the long pendency, we direct                       it to be
                              expeditiously decided within a period of 8 weeks from today.

                              2          Writ Petition is disposed of with the above said direction.


                              (MANJUSHA DESHPANDE, J.)                        (BHARATI DANGRE, J.)

           Digitally signed
RAJSHREE   by RAJSHREE
           KISHOR MORE
KISHOR     Date:
MORE       2026.02.04
           09:36:06 +0530


                              rajshree

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