Bombay High Court
SHATTARI ABDUL NAVID ABDUL HAFIJversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed, subject to the outcome of the pending Special Leave Petition, and the interim arrangement is extended.
Summary
Shattari Abdul Navid Abdul Hafij filed Writ Petition No. 5443 of 2023 challenging clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07‑08‑2012. The Bombay High Court noted that a related group of writ petitions had been decided on 30‑07‑2026, and that several petitioners had filed Special Leave Petition (C) No. 28560 of 2026 before the Supreme Court. The Supreme Court had extended the interim arrangement ordered by the High Court for an additional six weeks. Relying on its earlier judgment (Writ Petition No. 6549 of 2026), the Court disposed of the present petition, directing the parties to await the Supreme Court’s decision. The interim arrangement remains in force pending the outcome of the Special Leave Petition. Both parties agreed to comply with the Supreme Court’s eventual ruling.
Issues considered
- Whether clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07‑08‑2012 are constitutionally valid.
- Whether the interim arrangement ordered by the High Court should continue pending the decision of the Special Leave Petition (C) No. 28560 of 2026.
Subjects
- Government Resolution
- interim arrangement
- Special Leave Petition
- writ petition
- Maharashtra
- constitutional challenge
Judgment
2026:BHC-AUG:42664-DB
15-WP.5443.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 WRIT PETITION NO. 5443 OF 2023
Shattari Abdul Navid Abdul Hafij
VERSUS
The State of Maharashtra Through Its Secretary And Others
...
Mr. Shankar B. Kendre h/f. Mr. Ravibhushan P. Adgaonkar, Advocate
for the Petitioner.
Mr. K. N. Lokhande, AGP for Respondent-State.
...
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 15th SEPTEMBER, 2026
PER COURT :
1. This Court by judgment and order dated 30.07.2026 passed in
a group of writ petitions has dealt with the issue where challenge
was raised to the clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government
Resolution dated 07.08.2012. It is now reported that some of the
petitioners from that group have filed Special Leave Petition (C)
No.28560 of 2026 which is pending before the Hon’ble Apex Court. It
is also informed that the interim arrangement continued by this Court
for a period of six weeks is also extended by the Hon’ble Apex Court.
2. Considering above, this Court finds it appropriate to dispose of
this petition in terms of judgment and order dated 30.07.2026 passed
in Writ Petition No.6549 of 2026. The parties state that they will
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15-WP.5443.2023.doc
abide by the outcome of Special Leave Petition (C) No.28560 of
2026. Till such time, the interim arrangement is extended by the
Hon’ble Apex Court same shall be extended in the present petition
also.
(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
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