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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY PUBLIC HEALTH DEPARTMENT MUMBAI AND ORSversusDR GHANSHYAM S/O PHOOLCHAND JANGID

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the Government Resolution satisfies the Tribunal’s order.

Summary

The State of Maharashtra filed a writ petition challenging a January 2020 order of the Maharashtra Administrative Tribunal that directed Dr. Ghanshyam to take a suitable policy decision for certain applicants. The State produced a Government Resolution dated 15 March 2024, asserting that the resolution implements the Tribunal’s directive. The Court examined the resolution and agreed that it satisfied the Tribunal’s order. Consequently, the Court found that no live issue remained for adjudication. The petition was therefore dismissed as infructuous.

Issues considered

  • Whether the order of the Maharashtra Administrative Tribunal dated 8 January 2020 remains enforceable in view of the Government Resolution dated 15 March 2024.

Subjects

  • writ petition
  • administrative law
  • government resolution
  • Maharashtra Administrative Tribunal
  • infructuous

Judgment

                                                                                   34-WP-3293-2026.DOC




                                                                                                Rekha Patil

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 3293 OF 2026
                      The State of Maharashtra and Ors.                                  …Petitioners
                            Versus
                      Dr Ghanshyam S/O Phoolchand Jangid & Anr.                        …Respondents


                      Mr. N. C. Walimbe, Addl. G. P. with Mr. P. G. Sawant, AGP, for the
                            Petitioners-State.
                      Mr. Siddharth J.,( Law Officer), Public Health Department, present.
                      None for the Respondents.


                                                CORAM:         SUMAN SHYAM &
                                                               ADVAIT M. SETHNA, JJ.
                                                DATED:         22nd JUNE 2026.
                      PC:-


                      1.      This Writ Petition has been preferred by the State of
                      Maharashtra and its Officials assailing the order dated 8 th January,
                      2020, passed by the learned Maharashtra Administrative Tribunal
                      (‘MAT’) in Original Application No. 821 of 2019 along with the
                      batch of connected Applications, whereby all the Original
                      Applications were disposed of, with the following directions:-

                             “6.    The respondent no.1 is therefore directed to take suitable
                             policy decision in respect of all the applicants as well as similarly
                             situated persons. All the above Original Applications No. 821 to
                             826 of 2019 are therefore disposed off with the above directions.
                             No order as to cost.”


                      2.      Today, when the matter is called out, Mr. Walimbe, learned
REKHA
PRAKASH               Additional G. P. appearing for the State, on instruction of Mr.
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.06.23
10:59:37 +0530




                                                          Page 1 of 2
                                                     34-WP-3293-2026.DOC




Siddarth J. (Law Officer), has produced a copy of the Government
Resolution (‘GR’) dated 15th March, 2024, to submit that in view of
the decision taken by the Government, as expressed to the above
GR, the order of the learned Tribunal stands satisfied and,
therefore, no live issue survives for decision in this Writ Petition.

3.    The GR dated 15th March, 2024 tendered by Mr. Walimbe is
taken on record and marked as “X” for identification.

4.    We have perused the GR dated 15th March, 2024 and find
ourselves in agreement to the submissions of Mr. Walimbe.

5.    In view of the above, Writ Petition stands disposed of as
infructuous.



(ADVAIT M. SETHNA, J.)                           (SUMAN SHYAM, J.)
                                                                        {




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