Bombay High Court
BALIRAM TUKARAM RATHODversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed Off
Holding
The Court directed the Minister to decide the pending proceedings within six weeks and ordered that the interim relief continue until final disposal and for two weeks thereafter.
Summary
The petitioner, Uday Baliram Tukaram Rathod, filed a writ petition seeking continuation of interim relief while a revision before the Minister of Maharashtra was pending. The Deputy Secretary had instructed a four‑week period for the Minister to decide the revision, and the petitioner requested additional time to prepare for a video hearing scheduled on 30‑09‑2026. The Court, noting the written instructions and the need for breathing space, directed the Minister to dispose of the pending proceedings within six weeks. It ordered that the interim relief granted by the Court remain in force until the final disposal of the proceedings and for two weeks thereafter. No opinion was expressed on the merits of the petition, leaving the substantive issues to be decided by the authority. Consequently, the writ petition was disposed of with the specified directions.
Issues considered
- Whether the Court should extend the interim relief pending the Minister's decision on the petitioner's revision.
- Whether the Minister should be directed to decide the pending proceedings within a specified time frame.
Subjects
- interim relief
- writ petition
- administrative delay
- time extension
- ministerial decision
Judgment
907-WP-4350-2026=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4350 OF 2026
Digitally
signed by
UDAY
Baliram Tukaram Rathod … Petitioner
UDAY SHIVAJI
SHIVAJI JAGTAP
Vs.
JAGTAP Date:
2026.10.01
12:02:04
+0530 The State of Maharashtra and Ors … Respondents
………….
Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Sagar Mane,
Rushikesh Jagdale, Neha Farkate i/b Vinayak Kumbhar for the Petitioner.
Mr. Kedar Lad a/w Poonam Dhotre for Respondent No.3.
Mr. Sanjay D. Rayrikar, AGP for the Respondent - State
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 29th SEPTEMBER, 2026.
P. C. :
. Heard.
2. Learned AGP tenders on record written instructions received from
the Deputy Secretary stating duration of four weeks for finally deciding
the revision preferred by the petitioner.
3. Learned Senior Counsel Mr. Bandiwadekar would inform this Court
that his client has also received communication dated 28.09.2026
intimating the date of 30.09.2026 for hearing through Video
Conferencing. The petitioner is ready to appear before 30.09.2026. So
as to have breathing time for preparation he would be seeking time. In
view of the written instructions which are submitted by learned AGP ends
Uday S. Jagtap 1 of 2
907-WP-4350-2026=.doc
of justice would be met in continuing the interim relief granted by this
Court till final disposal of the proceedings pending before the learned
Minister and expediting the proceedings.
4. The Writ Petition is disposed of with a direction to the learned
Minister to decide the entire proceedings pending before him preferred
by the petitioner within a period of six weeks and the interim relief
granted by this Court shall remain in operation till final disposal of the
proceedings and two weeks thereafter from the date of decision.
5. This Court has not expressed any opinion on the merits of the
matter and it would be open for the authority to decide the proceedings
on its own merits after extending opportunity of hearing to the petitioner.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 2 of 2
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