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Bombay High Court

SHRI. DAVINDER SUKHDEVSINGH BAJWA AND ORSversusSHRI. BALASAHEB RAMCHANDRA PALAVE AND ORS

Decided
Disposal
Disposed Off

Holding

The impugned order dated 06 July 2021 is quashed and set aside because it was passed without considering the petitioners' written submissions and stand.

Summary

The petitioners filed a writ petition in 2021 challenging an order dated 06 July 2021 issued by the Hon'ble Minister, alleging that the order was passed without considering their written submissions dated 5 April 2021. The High Court, after granting ad interim relief, observed that the impugned order ignored the petitioners' case and therefore violated principles of natural justice. On 17 February 2026, the Court quashed and set aside the impugned order, noting that it had not expressed any opinion on the merits of the dispute. The matter was remanded to the State for a fresh hearing of the revision application, with both petitioners and private respondents to be heard and all contentions kept open. The Court directed the State to fix the hearing expeditiously and disposed of the writ petition in these terms.

Issues considered

  • Whether the order dated 06 July 2021 was passed without taking into account the petitioners' written submissions, thereby violating principles of natural justice
  • Whether the impugned order should be quashed and the matter remanded for a fresh hearing

Subjects

  • writ petition
  • revision
  • quash
  • administrative order
  • natural justice
  • due process

Judgment

                                                                       1. CIVIL WP-3542-2021.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION


                                WRIT PETITION NO. 3542 OF 2021

           Davinder Sukhdevsingh Bajwa & Ors.              .. Petitioners
                      Versus
           Balasaheb Ramchandra Palave & Ors.              .. Respondents
                                      ....................
            Mr. P.S. Dani, Senior Advocate a/w Mr. Sandeep D. Shinde, Mr.
              Umesh S. Iyer and Mr. Rohan P. Gaikwad, Advocates for Petitioners
            Mr. Ajinkya J. Jaibhave, Advocate for Respondent Nos. 1 to 4
            Ms. V.S. Nimbalkar, AGP for Respondent No. 5 - State
            Mr. Gurudas Ballal, Desk Officer (J-6) present
                                              ...................
                                             CORAM : MILIND N. JADHAV, J.
                                             DATE          : FEBRUARY 17, 2026
           P. C.:

           1.       Heard Mr. Dani, learned Senior Advocate for Petitioners; Mr.

           Jaibhave, learned Advocate for Respondent Nos. 1 to                       and Ms.

           Nimbalkar, learned AGP for Respondent No. 5 - State.


           2.       On 03.02.2026 this Court passed the following order:-

                    "1.    Heard Mr. Gaikwad, learned Advocate for Petitioners; Mr. Jaibhave,
                    learned Advocate for Respondent No. 1 and Ms. Nimbalkar, learned AGP for
                    Respondent No. 5 - State.
                    2.      Present Writ Petition has been languishing since 2021. On
                    30.07.2021, this Court (Coram : M.S. Karnik, J.) passed a reasoned order
                    granting ad interim relief. In paragraph No. 3 thereof, this Court has
                    categorically noted that the impugned order passed by the Hon'ble Minister
                    is without taking into consideration the written submissions and the stand
                    taken by Petitioners.
                    3.       Today Mr. Shinde, learned Advocate for Petitioners is in personal
                    difficulty as informed by holding Advocate. In view thereof, one last
                    opportunity is given to learned Advocate for Petitioners to remain present
                    on the next adjourned date and apprise the Court.



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       4.      Learned AGP is also directed to apprise the Court with respect to
       observations made by this Court in paragraph No. 3 of its previous order to
       enable this Court to pass appropriate orders to dispose of the present Writ
       Petition on the next adjourned date.
       5.     Stand over to 17th February, 2026 under the caption "for Orders".

2.1.   Precursor order is passed on 30.07.2021 which is recorded in

the aforesaid order. Admittedly reply was filed by Petitioners before

the State on 05.04.2021 which was after a period of two weeks which

was granted to the Petitioners at the then time.


3.     Ms. Nimbalkar, learned AGP after taking instructions from the

Officer who is present in Court agrees with the fact that not only the

submissions made by Petitioners in their reply dated 05.04.2021 have

not been considered but the case of Petitioners has also not been

considered while passing the impugned order. In that view of the

matter, impugned order dated 06.07.2021 stands quashed and set

aside. Needless to state that this Court has not expressed any opinion

on merits of the matter between the parties nor about the case of

Petitioners made out in their reply dated 05.04.2021.


4.     Matter is thus remanded back to the State for a fresh hearing

and decision on the Revision Application which shall be given after

hearing the Petitioners and private Respondents duly represented by

Mr. Jaibhave. All contentions of Petitioners and private Respondents

are expressly kept open. State shall not be influenced by any of the

observations and findings stated in the impugned order which has


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           been quashed and set aside by virtue of this order. State shall ensure

           that Revision Application is decided as expeditiously as possible and

           strictly on the merits of the case of Petitioners and private

           Respondents.


           5.        Copy of this order shall be placed before the State and its

           functionaries concerned on 23.02.2026 at 01.00 p.m. to enable them

           to take cognizance of this order and fix the hearing for Revision

           Application in accordance with law.


           6.        Petition is disposed in the above terms.



Amberkar                                             [ MILIND N. JADHAV, J. ]

                       Digitally signed
                       by RAVINDRA
            RAVINDRA MOHAN
                     AMBERKAR
            MOHAN    Date:
            AMBERKAR 2026.02.17
                       18:53:52
                       +0530




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