Bombay High Court

KRISHNA DINKARRAO FULSAUNDARversusTHE SECRETARY PUBLIC HEALTH DEPARTMENT AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as it falls within the scope of the earlier decision in Writ Petition No. 6549 of 2026.

Summary

Dr. Krishna Dinkarrao Fulsaundar filed a writ petition challenging an action of the Secretary, Public Health Department. The petition sought relief and interim protection against the department's order. The Court observed that the matter was identical to the earlier Writ Petition No. 6549 of 2026 (Dr. Maya Raghunath Kagne vs. State of Maharashtra) where similar petitions were dismissed. Relying on the detailed reasoning of that precedent, the Court found no merit in the present petition. Consequently, the petition was dismissed, but the interim protection already granted by the coordinate bench was extended for another six weeks. The order was pronounced by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde.

Issues considered

Whether the petitioner is entitled to relief against the Public Health Department's action
Whether interim protection should be granted or continued in the present case

Subjects

writ petition
public health department
interim protection
precedent
dismissal

Judgment

2026:BHC-AUG:38517-DB


                                                 1                      WP-3458-23.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                              WRIT PETITION NO.3458 OF 2023

                             DR. KRISHNA DINKARRAO FULSAUNDAR
                                             VERSUS
                    THE SECRETARY, PUBLIC HEALTH DEPARTMENT AND OTHERS
                                                …
                          Mr. Shrinivas S. Wagh, Advocate for Petitioner
                           Mr. V. M. Kagne, AGP for Respondents/State
                                                ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                 ABASAHEB D. SHINDE, JJ.
                                        DATE : 21st AUGUST, 2026

              PER COURT :

              1.           The issue raised in this petition is squarely covered by

              the decision rendered by this Court [Coram: Kishore C. Sant And Ajit

              B. Kadethankar, JJ.] in Writ Petition No. 6549 of 2026 [Dr. Maya

              Raghunath Kagne vs. The State of Maharashtra and Others] and

              connected writ petitions, decided on 30.07.2026, wherein by giving

              detail reasons, the Writ Petitions filed by the similarly circumstanced

              petitioners are dismissed.

              2.           In this view of the matter, for the reasons recorded in

              the said order, the Writ Petition is dismissed.

              3.           Since the Co-ordinate Bench of this Court has continued

              the interim protection for a period of 06 weeks, in the present

              matter also the interim protection shall continue to operate for a

              period of 06 weeks from today.



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)


              SVH

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