Bombay High Court
SHRI. DAVINDER SUKHDEVSINGH BAJWA AND ORSversusSHRI. BALASAHEB RAMCHANDRA PALAVE AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
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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1. CIVIL WP-3542-2021.odt
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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