Created by Fuzzy Cloud

Bombay High Court

DR. SWAPAN SANTOSH BISWASversusTHE UNION OF INDIA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as it is not maintainable.

Summary

Dr. Swapan Santosh Biswas filed a criminal writ petition seeking permission to practice Allopathy, Naturopathy and other medical systems. The Court noted that a prior judgment (Criminal Writ Petition No. 385 of 2006) had already limited his permission to practice only Naturopathy. Since the present petition sought a broader scope contrary to that judgment, the Court held it was not maintainable. Moreover, the petitioner failed to appear to address the objections raised against his office. Consequently, the Court disposed of the petition without granting any relief.

Issues considered

  • Whether the writ petition seeking permission to practice Allopathy is maintainable in view of the earlier judgment limiting the petitioner to Naturopathy.
  • Whether the petitioner's failure to appear and remove objections affects the maintainability of the petition.

Subjects

  • writ petition
  • maintainability
  • practice of medicine
  • allopathy
  • naturopathy
  • procedural default
  • court disposal

Judgment

2026:BHC-AUG:39480-DB

                                                                           919-cr.wp.1165.2022




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                        919 CRIMINAL WRIT PETITION NO. 1165 OF 2022

                                       Dr. Swapan Santosh Biswas
                                                 Versus
                                      The Union Of India And Others

                   __________________________________________________________
                   Adv. Jadhavar Dattatray H. for the Petitioner - Absent
                   Ms. U. S. Bhosale, APP for State
                   Adv. Rohit S. Sarvadnya for Respondent No. 1 - UOI
                   __________________________________________________________


                                      CORAM       : SANDIPKUMAR C. MORE AND
                                                    VAISHALI PATIL-JADHAV, JJ.

                                      DATE        : AUGUST 28, 2026

                   PER COURT :

                   1)              None appears for the petitioner.

                   2)              Learned   A.P.P.     and   learned      counsel        for

                   Respondent No.1-UOI submit that the petition is not

                   maintainable.

                   3)              On going through the record, it appears that the

                   petitioner      has   prayed   for   permission    to   practice       in

                   Allopathy, Naturopathy, etc. However, the judgment in

                   Criminal Writ Petition No. 385 of 2006 clearly indicates that

                   the petitioner is only permitted to practice Naturopathy.

                   Under such circumstances, the present writ petition is not

                   maintainable.

                    Komal Kamble                                                Page 1 of 2
                                                  919-cr.wp.1165.2022




4)              Even otherwise, after filing the petition, the

petitioner did not care to remain present for removal of the

office objections. Criminal Writ Petition, therefore, stands

disposed of.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
          JUDGE                            JUDGE




 Komal Kamble                                          Page 2 of 2


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.