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Bombay High Court

SAVITA SHIVRAJ KAMBALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as the matter is squarely covered by the earlier decision in Writ Petition No. 6549 of 2026, and the interim relief is continued for six weeks.

Summary

Dr. Savita Shivraj Kamble filed a writ petition challenging the non‑performance affidavit (NPA) of doctors. The petition had been pending and an interim relief was in operation. The Court first allowed an application to condone delay, restoring the writ petition to its original position. It then noted that the issue was already decided by the coordinate bench in Writ Petition No. 6549 of 2026, which dismissed the earlier petition. Accordingly, the present petition was dismissed, but the interim relief was ordered to continue for six weeks from the date of the order.

Issues considered

  • Whether the delay in filing the application seeking condonation can be condoned.
  • Whether the challenge to the NPA of the doctors raised in the writ petition is maintainable in view of the earlier decision in Writ Petition No. 6549 of 2026.

Subjects

  • NPA
  • interim relief
  • delay condonation
  • writ petition
  • high court
  • dismissal

Judgment

2026:BHC-AUG:38633-DB

                                                                                           903-CA.9362.2026 corrected.doc


                          This order is corrected as per Speaking to the Minutes order dated 21.08.2026.
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 903 CIVIL APPLICATION NO. 9362 OF 2026
                                             IN WP/2066/2020
                                                  WITH
                                            (NOT ON BOARD)
                                    WRIT PETITION NO. 2066 OF 2020

                                      Dr. Savita Shivraj Kamble
                                                VERSUS
                                The State of Maharashtra And Others
                                                   ...
                Mr. A. R. Muley h/f. Mr. M. P. Kale, Advocate for Applicant-Petitioner.
                Mr. S. B. Pulkundwar, AGP for the Respondents.
                                                   ...

                                                            CORAM : KISHORE C. SANT &
                                                                    JITENDRA JAIN, JJ.
                                                            DATE         : 19th AUGUST, 2026

                PER COURT :

                CIVIL APPLICATION NO. 9362 OF 2026

                1.       For the reasons stated in the application, delay stands

                condoned. Application is allowed.

                2.       Writ petition stands restored to its original position.

                WRIT PETITION NO. 2066 OF 2020

                3.       The issue raised in this petition with regard to NPA of the

                Doctors stands squarely covered by the decision of the co-ordinate

                Bench of this Court in Writ Petition No. 6549 of 2026, dated

                30.07.2026, whereby the said petition was dismissed.


                Sayyed                                                                                                      1/2
                                                      903-CA.9362.2026 corrected.doc


4.       Adopting the same reasons, the present petition also stands

dismissed. The interim relief shall continue for a period of six weeks

from today, considering that the petition was pending and the interim

relief was in operation during the pendency of the petition.



 (JITENDRA JAIN, J.)                          (KISHORE C. SANT, J.)




Sayyed                                                                                 2/2


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