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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