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Bombay High Court

ATUL GANGADHARRAO KADAM AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed, following the earlier coordinate bench decision.

Summary

The petitioners, Dr. Atul Gangadharrao Kadam and others, filed a writ petition challenging a decision of the State of Maharashtra. The High Court noted that the issues raised were identical to those previously decided in Writ Petition No. 6549 of 2026 (Dr. Maya Raghunath Kagne vs. The State of Maharashtra and Others). The coordinate bench in that earlier case had dismissed the similar petitions after detailed reasoning. Relying on that precedent, the Court dismissed the present petition. The Court also ordered that the interim protection granted in the earlier case continue for six weeks from the date of this order.

Issues considered

  • What is the appropriate disposition of the writ petition when the issues are identical to a previously decided case?
  • Whether the interim protection granted in the earlier coordinate bench order should continue in the present case?

Subjects

  • writ petition
  • interim protection
  • dismissal
  • coordinate bench precedent
  • High Court of Bombay

Judgment

2026:BHC-AUG:40312-DB


                                                   1                   WP-480-23.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  WRIT PETITION NO.480 OF 2023

                           DR. ATUL GANGADHARRAO KADAM AND OTHERS
                                                  VERSUS
                       THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                                              AND OTHERS
                                                     …
                    Advocate for Petitioner : Mr. S.R. Bagal h/f Mr. B.N. Gadegaonkar
                                 AGP for Respondents: Mr. V.M. Kagne
                                                    …..
                                         CORAM : NITIN B. SURYAWANSHI AND
                                                     ABASAHEB D. SHINDE, JJ.
                                          DATE : 02nd SEPTEMBER, 2026

              PER COURT :

              1.       The issue raised in this petition is squarely covered by the

              decision rendered by the Co-ordinate Bench of this Court in Writ

              Petition No. 6549 of 2026 [Dr. Maya Raghunath Kagne vs. The State

              of Maharashtra and Others], and connected writ petitions, decided

              on 30.07.2026, wherein by giving detail reasons, the Writ Petitions

              filed by the similarly circumstanced petitioners are dismissed.

              2.       In this view of the matter, for the reasons recorded in the said

              order, the Writ Petition is dismissed.

              3.       Since the Co-ordinate Bench has continued the interim

              protection for a period of 06 weeks, in the present matter also the

              interim protection shall continue to operate for a period of 06 weeks

              from today.



              (ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)



              SVH


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