Bombay High Court
SHAHU DNYANOBA PADULE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The Court ordered the Minister to decide the pending stay application within four weeks and disposed of the writ petition on that basis.
Summary
The petitioners filed a writ petition challenging an order dated 04.05.2026 passed by the Additional Commissioner in Review Application No. 246/2024, which upheld an earlier order dated 28.08.2024 in Revision Application No. 153/2023. They contended that although a revision and a stay application were filed before the Hon'ble Minister, the stay application had not been considered. The Court noted the submissions and, without delving into merits, directed the Minister to decide the stay application within four weeks. The Court disposed of the writ petition on this procedural direction. No substantive adjudication on the merits of the original orders was made.
Issues considered
- What is the appropriate procedural remedy when a stay application filed with a revision is not considered by the concerned authority?
Subjects
- writ petition
- stay application
- revision
- administrative law
- procedural direction
Judgment
2026:BHC-AUG:23763
938-wp-6033-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6033 OF 2026
Shahu Dnyanoba Padule And Others
VERSUS
The State Of Maharashtra Through Its Principal Secretary And Others
...
Advocate for the Petitioner : Mr. Dighe Praveen S.
AGP for Respondent/State : Mrs. P.V. Diggikar
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JUNE 17, 2026
PER COURT :-
1. Present writ petition is arising out of proceeding before
Hon’ble Minister wherein petitioners have challenged order dated
04.05.2026 passed by Additional Commissioner in Review Application
No. 246/2024 thereby upholding order dated 28.08.2024 passed in
Revision Application No.153/2023.
2. Learned advocate appearing for petitioners submits that
although revision application along with application for stay is moved
before Hon’ble Minister, application for stay is not considered till this
date.
3. In view of submissions advanced, writ petition can be
disposed of by an innocuous order. The Hon’ble Minister is requested
to consider and decide stay application filed by petitioner within a
period of four weeks from today.
4. Writ Petition stands disposed of in aforesaid terms.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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