Bombay High Court
MAINUDDIN M. RAFIQUE HATTUREversusTHE ASSISTANT POLICE COMMISSIONER
- Disposal
- Disposed Off
Holding
The High Court directed the Divisional Commissioner to dispose of the pending externment appeal within eight days after the hearing, thereby affirming its power to issue procedural directions to administrative authorities.
Summary
The petitioner, Mainuddin M. Rafique Hatture, filed a criminal writ petition seeking a direction to the Divisional Commissioner of Pune to dispose of his pending Externment Appeal No.242 of 2025, which had been repeatedly delayed. The petitioner argued that the appeal had not been heard for an extended period and requested the court to order a fixed date for hearing and a swift disposal thereafter. The respondents, represented by the Assistant Police Commissioner, informed the court that the appeal hearing was preponed to 8 October 2026 and that the Commissioner would dispose of the appeal within eight days of the hearing. The petitioner consented to appear on the scheduled date and sought a court order to enforce the stipulated disposal period. The court, after hearing both sides, directed the Divisional Commissioner to dispose of the appeal within eight days after the hearing on 8 October 2026 and ordered the petition to be disposed.
Issues considered
- Whether a High Court can issue a mandatory direction to an administrative authority to dispose of a pending externment appeal within a specified time frame.
- Whether the statement of the Assistant Police Commissioner constitutes sufficient notice of the preponed hearing date for the externment appeal.
Subjects
- externment appeal
- high court direction
- administrative procedure
- procedural delay
- criminal writ petition
Judgment
1/3
918-WP-788-2026(CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.788 OF 2026
Mainuddin M. Rafique Hatture ….Petitioner
Versus.
The Assistant Police Commissioner and Ors. ....Respondents
-----
Mr. Ujwal Agandsurve (Through VC), for Petitioner.
Dr. Ashvini A. Takalkar, A.P.P. for the Respondents - State.
-------
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.08
10:19:50
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th OCTOBER, 2026.
P.C.
1. Heard, Mr. Ujwal Agandsurve, learned Advocate for the
Petitioner.
2. Issue notice to the Respondents.
3. Dr. Ashvini A. Takalkar, learned A.P.P., appears and waives service
of notice on behalf of the Respondents – State.
4. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states
that Externment Appeal No.242 of 2025, filed by the Petitioner, is pending
before Respondent No.3 – Divisional Commissioner, Pune Division, Pune.
Shantanu S. Dhudum
2/3
918-WP-788-2026(CR).DOC
He submits that the Petitioner's grievance is that the said Appeal has not
been disposed of for quite some time.
5. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondents –
State, on instructions from Respondent No.3 – Divisional Commissioner,
Pune Division, Pune, states that although the date fixed in Externment
Appeal No.242 of 2025 was 4th November, 2026, it has now been pre-
poned to 8th October, 2026 at 11:00 a.m..
6. Dr. Ashvini A. Takalkar, learned A.P.P. submits that the Petitioner
should appear before Respondent No.3 on 8 th October, 2026 at 11.00 a.m.
and be ready to argue the Appeal and tender a brief written synopsis of
arguments if the Petitioner desires to.
7. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states
that the Petitioner and his Advocate shall appear before Respondent No.3 –
Divisional Commissioner, Pune Division, Pune, on 8 th October, 2026, at
11:00 a.m., be ready to advance oral arguments and shall place a short
synopsis of the arguments on record on 8th October, 2026 itself.
8. Mr. Ujwal Agandsurve, learned Advocate for the Petitioner, states
that no further notice of appearance in Externment Appeal No.242 of 2025
is required and that the statement made by Dr. Ashvini A. Takalkar, learned
A.P.P. for the Respondents – State, itself constitutes notice of Externment
Appeal No.242 of 2025, preponed and fixed on 8 th October, 2026 at 11:00
Shantanu S. Dhudum
3/3
918-WP-788-2026(CR).DOC
a.m. before Respondent No.3 – Divisional Commissioner, Pune Division,
Pune. He further states that the Petitioner will not seek any adjournment
on 8th October, 2026.
9. In view of the above, Mr. Ujwal Agandsurve, learned Advocate
for the Petitioner, states that this Petition be disposed of with a direction to
Respondent No. 3 – Divisional Commissioner, Pune Division, Pune, to
dispose of the Appeal within a stipulated period after the conclusion of the
arguments on 8th October, 2026.
10. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondents –
State, on instructions from Respondent No.3 – Divisional Commissioner,
Pune Division, Pune, states that upon conclusion of the arguments in
Externment Appeal No.242 of 2025 on 8 th October, 2026, Respondent No.3
– Divisional Commissioner, Pune Division, Pune, shall dispose of
Externment Appeal No.242 of 2025 within eight (8) days thereafter and
the order shall be communicated to the Petitioner. Statement accepted.
11. Respondent No. 3 – Divisional Commissioner, Pune Division,
Pune, to act on the statements made before this Court by Dr. Ashvini A.
Takalkar, learned A.P.P.
12. In view of the above, Criminal Writ Petition No.788 of 2026 is
disposed.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
Checking your session…