Bombay High Court
JYOTI SUMIT YERUNKAR@PAPPU YERUNKARversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that, in the absence of any criminal case against the petitioner, the Divisional Commissioner must decide the pending externment appeal within a reasonable time, here specified as three weeks.
Summary
The petitioner, Vaishali Anil Tikam, filed a criminal writ petition seeking the expeditious disposal of an externment appeal pending before the Divisional Commissioner, Kokan Division, Mumbai. She contended that no criminal case had been registered against her and that the externment order was issued on political vendetta. The High Court observed that indeed no criminal case existed and that the appeal had been pending for two months. Relying on these facts, the Court directed the Divisional Commissioner to decide the appeal within three weeks of receipt of the order. Consequently, the petition was allowed and the writ was disposed.
Issues considered
- Whether the High Court can direct the Divisional Commissioner to expedite the decision of a pending externment appeal.
- Whether the absence of any criminal case against the petitioner justifies an order for speedy disposal of the appeal.
Subjects
- externment
- writ petition
- expeditious hearing
- administrative law
- political vendetta
- criminal procedure
Judgment
89-WP-4203-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4203 OF 2026
VAISHALI
ANIL
TIKAM Jyoti Sumit Yerunkar@pappu Yerunkar ...Petitioner/s
VERSUS
Digitally signed
by VAISHALI
The State Of Maharashtra And Ors ...Respondent/s
ANIL TIKAM
Date:
2026.10.06
17:43:17 +0530 _________________________________________________________________
Mr. Ashif Husain a/w. Huzer Qureshi, Advocates for the Petitioner
Mr. S.M. Mangaonkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st OCTOBER 2026.
P.C. :
1. Heard learned counsel for the Petitioner and Respondent.
2. By this petition, the Petitioner is seeking to expedite the
externment appeal pending before the Divisional Commissioner, Kokan
Division , Mumbai.
3. Learned counsel for the Petitioner submitted that no single
criminal case is registered against the Petitioner. In spite of that, on
political vendetta, externment order is passed against the Petitioner. The
Petitioner has challenged the said order before the Divisional
Commissioner. It is pending since July 2026 and requested to expedite it.
4. Learned APP submitted that appropriate order be passed.
5. I have both learned counsel. It appears from record that no
single criminal case is registered against the Petitioner. In spite of that,
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89-WP-4203-2026 (CR).doc
Tikam
externment order is passed and the appeal is pending since two months.
Considering the above fact, I pass following order:
ORDER
(i) Petition is allowed.
(ii) The Divisional Commissioner, Kokan Division, Mumbai shall
decide the pending appeal filed by the Petitioner as early as
possible, preferably within a period of three weeks after receipt
of this order.
Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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