Bombay High Court
SHRI. NIVAS MAHADEO AWGHADEversusTHE STATE OF MAHARASHTRA THRU HON'BLE MINISTER OF CO-OPERATION , MARKETING AND TEXTILE AND ORS
- Disposal
- Disposed Off
- Bench
- M W CHANDWANI
Holding
The petition is disposed of as the order directing continuation of the inquiry does not survive.
Summary
The petitioner, Nivas Mahadeo Awghade, filed a writ petition challenging an order that directed the continuation of an inquiry against a Director, including himself. The respondents, representing the State of Maharashtra, argued that the inquiry had already been completed and therefore the order to continue it could not stand. The petitioner contended that he had approached the Hon'ble Minister regarding the findings of the inquiry, implying that the matter was already before the executive. The Court examined whether the impugned order survived in view of the completed inquiry and the petitioner's prior approach to the Minister. Finding that the inquiry was concluded and no substantive ground remained for the petition, the Court held that the petition could not proceed. Consequently, the petition was disposed of.
Issues considered
- Whether the order directing continuation of the inquiry against the Director and petitioner is valid after the inquiry has been completed
- Whether the writ petition is maintainable in light of the petitioner's prior approach to the Minister regarding the inquiry findings
Subjects
- inquiry
- administrative order
- writ petition
- petition dismissed
- state of Maharashtra
- civil appellate jurisdiction
Judgment
9-WP-4001-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4001 OF 2019
Nivas Mahadeo Awghade … Petitioner
Versus
The State of Maharashtra through Hon’ble Minister of
Co-operation, Marketing and Textile and others … Respondents
***
Mr. Saklen Mujawar h/f Mr. Avinash Naikwadi, for the Petitioner.
Digitally signed
by SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE Mr. A.P. Vanarase, A.G.P, for Respondent Nos.1 to 3 – State.
HALKUDE Date:
2026.04.20
11:36:06 +0530
Mr. Sandeep Koregave, for Respondent No.5.
Mr. Nivas Mahadeo Awghade, Petitioner in person present.
***
CORAM : M. W. CHANDWANI, J.
DATE : 18th APRIL, 2026.
P. C. :
1. Mr. Nivas Mahadeo Awghade, the Petitioner appearing in person, along
with his learned Advocate Mr. Saklen Mujawar holding for Mr. Avinash
Naikwadi, is present before the Court.
2. The learned counsel for Respondent No. 5 submits that the inquiry, as
directed by the impugned order against the then Directors, has been
completed. In view thereof, impugned order directing to continue the inquiry
against the Director including the Petitioner does not survive.
Shailaja 1
9-WP-4001-2019.doc
3. The Petitioner in person submits that he has already approached the
Hon’ble Minister against the findings of the said inquiry. In these
circumstances, nothing survives in the present Petition.
4. Accordingly, the Petition stands disposed of.
[M. W. CHANDWANI, J.]
Shailaja 2
Checking your session…