Bombay High Court
ASRAR SAMAD SHAIKH AND ANRversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY MEDICAL EDUCATION AND DRUG DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed Respondent No.3 to consider the representation within six weeks, return documents, and issue certificates, and disposed of the petition.
Summary
Dr. Asrar Samad Shaikh and others filed a writ petition in the Bombay High Court seeking a direction to Respondent No.3 to consider a joint representation dated 13 October 2025 within a stipulated period. The petition had earlier been marked for dismissal due to non‑appearance, but the petitioners later appeared, leading to removal of the dismissal caption. The court accepted the respondent's undertaking to consider the representation within six weeks from the hearing date and to return documents and issue necessary certificates. Accordingly, the court ordered Respondent No.3 to act within the stipulated time and to provide the required documents. The writ petition was thereafter disposed of without any order as to costs.
Issues considered
- Whether the High Court can direct a respondent to consider a joint representation within a specified time frame
- Whether the petition should be dismissed for non‑appearance despite subsequent appearance
Subjects
- Writ petition
- High Court
- Maharashtra
- Direction to consider representation
- Procedural order
- Costs
Judgment
11-wp-17443-2025.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally WRIT PETITION NO.17443 OF 2025
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.03.05
18:21:11
+0530
Dr. Asrar Samad Shaikh & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Mr. Swapnil Mule, Thru V.C. with Mr. Milind Thokal and Mr.
Harshwardhan Karande for the Petitioners.
M.S. Bane, AGP for State.
----------
CORAM : R.I. CHAGLA AND
ADVAIT M. SETHNA, JJ.
DATE : 4TH MARCH, 2026
ORDER :
1. Rule. Rule made returnable forthwith. Heard by consent
of the parties.
2. The Writ Petition has been placed under the caption for
‘dismissal’ by order dated 18th February, 2026, in view of none
appearing for the Petitioners.
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11-wp-17443-2025.doc
3. Today, the learned Counsel appears for the Petitioners.
Accordingly, the matter has been removed from the caption for
‘dismissal’.
4. By this Writ Petition, the Petitioner is seeking a direction
to the Respondent No.3 to consider the joint representation dated
13th October, 2025 within a stipulated time.
5. The learned Counsel appearing for the Respondent No.3
on instructions states that the representation of the Petitioners dated
13th October, 2025 will be considered within a period of six weeks
from today. The statement is accepted.
6. Respondent No.3 shall return the documents and issue
necessary certificates to the Petitioners in the meantime.
7. In view of the above statement, the Writ Petition is
disposed of. There shall be no order as to costs.
[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ]
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