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Bombay High Court

SITA MACHHINDRA KARALEversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner’s remedy lies in challenging the final decision of the statutory appeal, and therefore the writ petition is disposed, remaining open for further challenge of the minister’s order.

Summary

The petitioner, Sita Machhindra Karale, filed a writ petition seeking a direction to the Honourable Minister (Respondent No. 2) to decide her statutory appeal and a pending stay application within a time‑bound period. The Minister informed the Court that the stay application had already been rejected and that the statutory appeal was scheduled for hearing on 16 September 2026. The Court examined whether it could compel the Minister to decide the appeal earlier. It concluded that the petitioner’s only effective remedy is to challenge the final decision of the statutory appeal once it is rendered. Accordingly, the writ petition was disposed of, but the Court kept the petition open for the petitioner to contest the minister’s eventual order. No substantive merits of the underlying dispute were addressed in this order.

Issues considered

  • Whether the High Court can direct the Honourable Minister to decide a statutory appeal and stay application within a prescribed time‑frame.
  • Whether the writ petition is maintainable when the statutory appeal is pending before the Minister.

Subjects

  • writ petition
  • statutory appeal
  • stay application
  • ministerial discretion
  • high court
  • procedural law
  • administrative law

Judgment

                                                                             921-WP 11554.2026.doc


                   Kavita S.J.



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 11554 OF 2026

                   Sita Machhindra Karale                                 …Petitioner
                             Versus
                   The State of Maharashtra & Ors.,                       …Respondents
                                                 ----------
                   Mr. Hrishikesh Chitale (thru V.C.) a/w Mr. Chinmay Patil, Seol Shah,
                   Sherawaz Siddique i/b Nilesh Wable for the Petitioner.
                   Mr. P.P. Kakade, Addl. GP a/w Smt. Priyanka B. Chavan, AGP for
                   Respondents – State.
                   S.V. Gavand a/w P.H. Gaikwad for Respondent Nos. 4 & 5 – Pune Zilla
                   Parishad.
                   Mr. Shreyas R. Zarkar a/w Mr. Amit Avhad for Respondent Nos. 6 to
                   11.
                                                  ----------
                                               CORAM : R.I. CHAGLA AND
                                                       FIRDOSH P. POONIWALLA, JJ.

                                               DATE      : 10th SEPTEMBER, 2026.
                   ORDER :


                   1.              By this Petition, the Petitioner has sought a direction to

                   Respondent No. 2 - Honourable Minister, to forthwith decide the

                   Statutory Appeal filed by the Petitioner along with Stay Application

                   within a time bound period as deemed fit by this Court.

KAVITA
SUSHIL
JADHAV             2.              Mr. Kakade, learned Addl. GP appearing for Respondent
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.10
18:43:13 +0530     No. 2 - Honourable Minister states that the Stay Application of the

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                                                       921-WP 11554.2026.doc


Petitioner has already been decided and has been rejected. The

Statutory Appeal has been placed for hearing before Respondent No.

2 - Honourable Minister on 16th September, 2026 and will be

decided on that date. The statement is accepted.


3.          In that view of the matter, the Petitioner's remedy, if at

all, will be against the final decision taken in the Statutory Appeal

before the Respondent No. 2 – Honourable Minister.


4.          The Writ Petition is accordingly disposed of by keeping it

open for the Petitioner to challenge the orders in the Statutory

Appeal passed to be passed by the Respondent No. 2 - Honourable

Minister.




      [FIRDOSH P. POONIWALLA, J.]                  [R.I. CHAGLA, J.]




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