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Bombay High Court

GOPAL MOTIRAM CHOUDHARIversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that Respondent No.3 must decide the appeal on its merits within eight weeks, guided by the precedent set in Writ Petition No. 2261/2026.

Summary

Gopal Motiram Choudhari filed Writ Petition No. 11445 of 2026 before the Bombay High Court, Aurangabad Bench, challenging an action of the State of Maharashtra. The petition sought relief against the respondent's handling of an appeal filed by the petitioner on 20 July 2026. The Court, after hearing counsel for both parties, referred to its earlier decision in Writ Petition No. 2261/2026 dated 23 March 2026. It directed Respondent No.3 to decide the pending appeal on its own merits, applying the principles laid down in the earlier case. The Court ordered that this decision be made within eight weeks of receipt of the order and disposed of the present writ petition.

Issues considered

  • Whether Respondent No.3 should be directed to decide the petitioner's appeal on its merits in light of the Court's earlier decision in Writ Petition No. 2261/2026

Subjects

  • writ petition
  • appeal
  • procedural direction
  • high court
  • precedent

Judgment

2026:BHC-AUG:41430-DB
                                            1                         38.WP.11445.26.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11445 OF 2026

                                  GOPAL MOTIRAM CHOUDHARI
                                           VERSUS
                             THE STATE OF MAHARASHTRA THROUGH
                                  THE SECRETARY AND OTHERS

                                                  ...
                            Advocate for the Petitioner : Mr. B.A. Chavan
                           AGP for Respondents/State : Ms. Neha B. Kamble
                                                  ...

                                    CORAM        : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                    DATE         : 07.09.2026


             PER COURT:

                       Writ petition is disposed of by directing respondent No.3 to

             decide the appeal filed by the petitioner on 20.07.2026, on its own

             merits, and in the light of the decision given by this Court in Writ

             Petition No.2261/2026 dated 23.03.2026, within a period of eight (8)

             weeks from the date of receipt of copy of this order.



             (ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




             habeeb/


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