Bombay High Court

DNYANESHWAR S/O. SOPAN GITEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed, with the petitioner directed to approach the appropriate legal forums to challenge the Collector’s order and to initiate criminal prosecution, rather than being granted relief by the Court.

Summary

The petitioner, Dnyaneswar, filed a criminal writ petition seeking the initiation of departmental and criminal proceedings against respondents 3 and 4 and the quashing of an order dated 17 October 2019 issued by the District Collector, Osmanabad, which had found the Sub‑Divisional Officer, Bhoom and Avval Karkoon Sachin Patil guilty but only issued warnings. The Additional Collector’s earlier report had expressed doubt about the officials’ stance, leading to the Collector’s inquiry. The Court observed that the Collector had already conducted an inquiry and that any aggrieved party could challenge the order through appropriate legal proceedings or lodge a criminal complaint. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to pursue suitable proceedings to challenge the Collector’s order and to initiate criminal prosecution against respondents 3 and 4. No substantive direction for departmental or criminal action was issued by the Court.

Issues considered

What relief, if any, can a High Court grant in a criminal writ petition seeking to quash an administrative order and direct departmental and criminal action against officials?

Subjects

criminal writ petition
departmental action
criminal prosecution
district collector
administrative order
quashing order
high court

Judgment

                                 (1)
                                                913 Cri.WP-1932.2019.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
     913 CRIMINAL WRIT PETITION NO. 1932 OF 2019

              DNYANESHWAR S/O SOPAN GITE
                           VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                               …
         Mr. Kishor Doke, Advocate for the petitioner.
      Mr. G.A. Kulkarni, A.P.P. for respondent No.1-State.
                               ...

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

                  DATED : 29 AUGUST 2026.

Per Court :

1.   Heard.

2.   The      petitioner   is   seeking    direction        to     initiate

departmental as well as criminal action against respondent

Nos.3 and 4 in view of the inquiry report of Additional

Collector, Osmanabad dated 14.08.2019.           The petitioner has

also sought quashing of the order dated 17.10.2019 passed by

the District Collector, Osmanabad.

3.   On going through the record it appears that under order

dated 14.08.2019, the Additional Collector, Osmanabad had

expressed doubt on the stance taken by the Sub Divisional

Officer, Bhoom and one Avval Karkoon Sachin Patil. However,

under   order     dated    17.10.2019     the    District        Collector,

Osmanabad had conducted inquiry pursuant to the complaint
                                (2)
                                             913 Cri.WP-1932.2019.odt
made by the petitioner and ultimately found S.D.O. Bhoom as

well as Avval Karkoon Sachin Patil guilty, but only issued

warning instead of stringent punishment. Learned counsel for

the petitioner submits that the District Collector must have

imposed strict punishment, but he only issued warning to the

concerned persons.

4.    Be that as it may, the Collector has already inquired into

the allegations made by the petitioner against the aforesaid

persons and if the petitioner is aggrieved by the said order of

Collector, he may challenge the same by taking out appropriate

proceedings or he may lodge complaint also for initiating

criminal prosecution.

5.    Under such circumstances, we dispose of this criminal

writ petition with liberty to the petitioner to take out

appropriate proceedings as permissible under law to challenge

the order dated 17.10.2019 passed by the District Collector,

Osmanabad and to take out appropriate proceedings for

initiating   criminal   prosecution    against   respondent Nos.3

and 4, as permissible under law.




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

VD_Dhirde

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