Created by Fuzzy Cloud

Bombay High Court

VILAS NILKANTHA PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court extended the benefit of the earlier order to the petitioner and disposed of the writ petition.

Summary

Vilas Nilkantha Patil filed a writ petition alleging that he was omitted from the benefit of an earlier order dated 26 July 2018, which reduced the punishment of certain convicts by limiting the stoppage of one salary increment for one year. The petitioner argued that the benefit should extend to him as well. The Court examined the earlier order and the Supreme Court’s decision in Kulwantsinghgill, noting that the earlier order applied to 80 petitions and was only partially allowed. The Court held that the benefit of the earlier order, specifically paragraph 16, should be extended to the petitioner. Consequently, the petition was disposed of with the benefit granted to the petitioner.

Issues considered

  • Whether the petitioner, who was omitted from earlier proceedings, is entitled to the benefit of the order dated 26 July 2018 reducing the punishment.

Subjects

  • writ petition
  • benefit extension
  • punishment reduction
  • salary increment stoppage
  • Supreme Court precedent

Judgment

2026:BHC-AUG:4662
             Dilwale                                                1                      63-WP-11327-17.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                    63 WRIT PETITION NO. 11327 OF 2017

                                        Vilas Nilkantha Patil
                                               VERSUS
                               The State Of Maharashtra And Others
                                                  ...
             Advocate for the Petitioner : Mr. A R Syed
             AGP for Respondents: Mr. A. D. Wange
             Advocate for Respondent No.2 : Mr. Maheshkumar S.Sonawane
                                                  ...
                                   CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                          DATE             : 02.02.2026

             PER COURT :
             1.        The learned counsel for the petitioner submits that while deciding

             Writ Petition Nos.7871 to 7922 of 2017 along with connected matters,

             the present petitioner was left out and, therefore, the benefit of the said

             order was not extended to him.

             2.        In view of the above, the present petition stands disposed of by

             extending the benefit of order dated 26.07.2018 passed in Writ Petition

             Nos.7871 to 7922 of 2017 along with connected matters to the present

             petitioner also, particularly the paragraph 16 thereof, which reads thus:

                       “In the above backdrop and keeping in view the law laid down by the
                       Hon’ble Apex Court in Kulwantsinghgill (supra), these 80 petitions filed by
                       Mr. Brahme and Mr. Sontakke, are partly allowed only to the extent of
                       reducing the punishment from stoppage of one increment for one year with
                       cumulative effect, to a ‘stoppage of one increment for one year, simplicitor’.”


             3.        Hence, the writ petition is disposed of.

                                                             [ SIDDHESHWAR S. THOMBRE, J ]


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.