Bombay High Court

VAIBHAV MAYEKARversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

By consent of the parties, the court disposed of the writ petition and directed the Divisional Commissioner to dispose of the pending externment appeal within six weeks.

Summary

The petitioner, Vaibhur Mayekar, filed a writ petition challenging an order dated 17 April 2026 passed by the Sub‑Divisional Magistrate, Kudal, in an externment proceeding. He sought to quash the order and obtain a stay, alleging that his appeal filed under Section 60 of the Maharashtra Police Act, 1951, before the Divisional Commissioner (the appellate authority) had not been registered or heard. The petitioner also requested to add the Divisional Commissioner as a respondent, which was allowed as there was no objection. The respondents informed the court that the appeal had been registered as Externment Appeal No. 84 of 2026 and would be disposed of within six weeks, subject to the petitioner’s cooperation. By mutual consent, the court disposed of the petition, directing the petitioner and the Sub‑Divisional Magistrate to appear before the Divisional Commissioner on 11 September 2026 and ordering the Commissioner to decide the appeal within six weeks, with the petitioner’s cooperation. No costs were awarded.

Issues considered

Whether the petition can be amended to add the Divisional Commissioner as a respondent.
Whether the court may, by consent of the parties, dispose of the writ petition and direct the appellate authority to dispose of the pending appeal within a specified time.

Legislation cited

Maharashtra Police Act, 1951 — s. 60

Subjects

externment
appeal
Section 60
Maharashtra Police Act
writ petition
amendment of parties
court procedure
stay order

Judgment

25-WP-659-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 659 OF 2026

Mr. Vaibhav Mayekar ]
Age : 34 years, Occ. Labour Work, ]
R/o. House No. 227/A. Dhuriwada, ]
Near Zantye Kaju Factory, Malvan, ]
Sindhudurg, Maharashtra – 416 606 ]
… Petitioner
Versus.
1. The State of Maharashtra ]
(Through Sub-Divisional Officer, ]
Kudal) ]
]
2. The Divisional Commissioner, ]
Konkan Division, Fort, Mumbai. ]
… Respondents

-----
Mr. Gaurav Omble (Through V.C.) i/b. Mr. Prasad S Panchal for the Petitioner.
Mr. C.D. Mali, A.P.P. for the Respondents-State.
Officer : Mr. Abhijit Bhosale, PSI, Malvan Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 7th September 2026.

Order :-

1. Heard, Mr. Gaurav Omble, learned Advocate for the Petitioner and Mr.

C.D Mali, learned A.PP. for the Respondents-State.

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25-WP-659-2026 (CR).docx

2. At the outset, Mr. Gaurav Omble, learned Advocate for the Petitioner,

submits that the Appellate Authority (The Divisional Commissioner, Konkan

Division) was not added as a Respondent to this Petition due to an error on

his part. He seeks leave to add the Appellate Authority as Respondent No.2.

This request is not opposed by Mr. C.D Mali, learned A.PP. for the

Respondents-State.

3. In view of the no objection, leave is granted to add the Appellate

Authority (The Divisional Commissioner, Konkan Division) as Respondent No.

2 in this Petition. Mr Gaurav Omble, learned Advocate for the Petitioner,

seeks permission to carry out the amendment forthwith. Permission is

granted. The amendment shall be carried out forthwith.

4. By the present Petition, the Petitioner has sought the following reliefs.

“a. This Hon'ble Court be pleased to quash and set aside the

impugned order dated 17.04.2026 passed by the Sub-

Divisional Magistrate, Kudal in externment case/proceeding

no. SR/05/2024.

b. That pending the hearing this Hon'ble Court may be pleased

to stay impugned order dated 17.04.2026 passed by the Sub-

Divisional Magistrate, Kudal, externment case no.

SR/05/2024.”

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5. Mr. Gaurav Omble, learned Advocate for the Petitioner, states that

although the Petitioner has filed an Appeal on 12 th May 2026 under Section

60 of the Maharashtra Police Act, 1951, before Respondent No. 2 against the

order dated 17.04.2026 passed by the Sub-Divisional Magistrate, Kudal, the

Appeal has not even been registered. As a result, the hearing in the said

Appeal has not taken place.

6. Mr. C.D Mali, learned A.PP. for the Respondents, states that the Appeal

filed by the Petitioner is registered as Externment Appeal No. 84 of 2026. Mr.

C.D Mali, on specific instructions from Respondent No. 2, states that the said

Appeal would be decided and disposed of within six (6) weeks, subject to the

Petitioner cooperating in its disposal.

7. In view of the statement made by Mr. C.D. Mali, learned A.P.P. for the

Respondents-State, that Externment Appeal No. 84 of 2026 would be

disposed of within six (6) weeks, Mr. Gaurav Omble, learned Advocate for the

Petitioner, on instructions from the Petitioner, submits that the Petitioner's

grievance has been addressed and that this Petition be disposed of with a

direction to Respondent No. 2. He further submits that the Petitioner would

cooperate with Respondent No. 2 for the early disposal of Externment Appeal

No. 84 of 2026.

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8. In view of the above and by consent of the parties, this Petition is

disposed of on the following terms :

ORDER

(a) The Petitioner and the Respondent No.1 shall appear before

the Respondent No.2 on 11th September 2026 at 11:00 a.m.

(b) The Respondent No.2 shall dispose of the Externment Appeal

No. 84 of 2026 filed by the Petitioner, after hearing the

parties concerned on its own merits and in accordance with

law, within a period of six (6) weeks from 11 th September

2026.

early disposal of the Externment Appeal No. 84 of 2026.

9. The Petition is disposed of in the above terms.

10. No order as to costs.

Digitally signed
[ ASHWIN D. BHOBE, J. ]
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.07
20:32:53
+0530

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