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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT MANTRALAYAversusPRATEEK BHALCHANDRA DESHPANDE

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as the matter is pending before the CAT and the Court will not interfere.

Summary

The State of Maharashtra filed a writ petition challenging an interim order dated 29 January 2026 passed by the Central Administrative Tribunal (CAT) in an ongoing matter. The High Court noted that the CAT had already granted indulgence and ordered that the respondents' recommendation be kept in sealed cover, and the matter was still pending before the Tribunal. Consequently, the Court declined to entertain the petition, emphasizing that the issue should be resolved by the CAT. The Court directed the Tribunal to expedite the proceedings and conclude them within two months to prevent irreparable loss to the petitioners. The writ petition was therefore disposed of.

Issues considered

  • The Court's jurisdiction to entertain a writ petition when the matter is pending before the Central Administrative Tribunal

Subjects

  • writ petition
  • interim order
  • jurisdiction
  • Central Administrative Tribunal
  • expeditious disposal
  • administrative law

Judgment

                                                                           (41)-WP-12164-26.doc

     PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                   WRIT PETITION NO. 12164 OF 2026
          2026.09.17
          10:32:13
          +0530



                       The State of Maharashtra & Anr.                ...Petitioners
                            Versus
                       Prateek Bhalchandra Deshpande & Ors.           ...Respondents
                                                      ...
                       Mr. B. V. Samant, Addl. GP a/w Mrs. Reena A. Salunkhe, AGP
                       for the Petitioners.
                       Mr. R. R. Shetty, Senior Advocate a/w Mr. V. A. Nagrani, for
                       the Respondent No.1.
                                                     ...

                                    CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                            ADVAIT M. SETHNA, J.

                                      DATE : 16th SEPTEMBER, 2026.


                       P.C.:
                       1.        The instant Petition is preferred assailing the interim
                       order dated 29th January, 2026 passed by the Central
                       Administrative Tribunal, Mumbai in M.A. No. 96 of 2026 in
                       Original Application No. 448 of 2025.



                       2.        We have heard the learned Senior Counsel for the
                       Respondent No.1.



                       3.        In the facts and circumstances of the case, we are
                       not inclined to entertain the instant Petition on the premise
                       that vide the Impugned Interim Order, the learned Central



                                                      1
                                                       (41)-WP-12164-26.doc


Administrative    Tribunal     (CAT)     has    already     accorded
indulgence and the recommendation of the Respondents is to
be kept in sealed cover. We decline to proceed further in the
instant matter, as the same is pending consideration before
the Tribunal. Accordingly, the Learned Counsel for the
Petitioners, fairly submits that the proceedings be decided
expeditiously    otherwise,    the     Petitioners   would       suffer
irreparable loss and injury.



3.        Considering the factual situation as has emerged,
we request the Tribunal to expedite the proceeding and finalize
the same without affording unnecessary adjournment within
two months from the date of production of this order before the
Tribunal on behalf of the Petitioners herein.



4.        With the aforesaid directions, Writ Petition is
Disposed Of.




[ADVAIT M. SETHNA, J.]                          [CHIEF JUSTICE]




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