Bombay High Court

SHIVA VISWANATH BIRADAR PATILversusTHE STATE OF MAHARASHTRA THROU. SEC. DIRECTOR OF MEDICAL EDUCATION AND DRUGS AND ORS

Disposal: TRANSFER TO OTHER COURT AT ADMISSION STAGE

Holding

The Kolhapur bench lacks jurisdiction; the petition must be transferred to the principal seat of the High Court.

Summary

The petitioner, Shiva Viswanath Biradar Patil, filed a writ petition before the Kolhapur bench of the Bombay High Court against the State of Maharashtra and others. The petition sought relief, but the court was required to consider whether the Kolhapur bench had jurisdiction to entertain the matter. The central issue was the territorial jurisdiction, since the cause of action arose in Mumbai. After examining the applicable jurisdictional rules, the court concluded that the appropriate forum was the principal seat of the High Court. Consequently, the court directed that the papers and proceedings be transferred to the principal seat.

Issues considered

Whether the Kolhapur bench of the Bombay High Court has jurisdiction to entertain the writ petition when the cause of action arose in Mumbai

Subjects

jurisdiction
writ petition
transfer of proceedings
Bombay High Court
principal seat

Judgment

                                                       39-WP-8949-2024(C).doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 8949 OF 2024

Shiva Viswanath Biradar Patil                            ...Petitioner
          Versus
The State of Maharashtra and Others                      ...Respondents

                               ——————
Mr. Pandit Kasar (Through V.C.) for the Petitioner.
Mr. Vikas M. Mali, AGP for the Respondent-State.
                               ——————

                                 CORAM :       SHARMILA U. DESHMUKH &
                                               NEERAJ P. DHOTE, JJ.

                                 DATE       : AUGUST 19, 2026.

P. C. :

1.        The Registry is directed to transfer the paper and proceedings to

the Principal Seat, as the cause of action has arisen in Mumbai.




 [NEERAJ P. DHOTE, J.]                       [SHARMILA U. DESHMUKH, J.]




Jamadar-SL                         1 of 1

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