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
Checking your session…