Bombay High Court

SHANKAR UKHA PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court treated the communication as an undertaking and disposed of the petition.

Summary

Shankar Ukha Patil filed a criminal writ petition challenging the appointment of the Sub‑Divisional Officer, Dhule as the competent authority under Section 4 of the M.P.I.D. Act. The respondent State filed a communication stating that the appointment had been made and would require approval by the State Government. The Court noted that without such approval the appointment is not final. The communication was recorded as an undertaking to the Court, and the Court consequently disposed of the petition. No further substantive hearing on the merits was undertaken.

Issues considered

What is the effect of a communication indicating appointment of a Sub‑Divisional Officer as competent authority under Section 4 of the M.P.I.D. Act pending State Government approval?
Whether the petition can be disposed of on the basis of the said communication being treated as an undertaking.

Legislation cited

M.P.I.D. Act — s. 4

Subjects

criminal writ petition
Section 4
appointment
competent authority
state government approval
disposal

Judgment

2026:BHC-AUG:43479-DB

1 914 CRIMINAL WRIT PETITION NO. 948 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

914 CRIMINAL WRIT PETITION NO. 948 OF 2021

SHANKAR UKHA PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. Mukulanand R. Wagh, Advocate for the Petitioner
Adv.Rajdeep D. Raut, APP for Respondents-State
...

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATED : 22/09/2026
Per Court:

. Heard.

2. The learned APP has placed on record the communication

dated 21.09.2026, mentioning that the respondent No.2 has taken

steps for taking action under Section 4 of M.P.I.D. Act in this

matter by appointing the Sub-Divisional Officer, Dhule as the

competent authority.

3. However, the said appointment needs to be approved by the

State Government. As such, if the said appointment is approved,

then it is undertaken by respondent No. 2 to take further action
2 914 CRIMINAL WRIT PETITION NO. 948 OF 2021

according to law and in consonance with the prayers in this

petition.

4. The said communication is taken on record and marked “X”

for identification. The same is treated as an undertaking to this

Court. Accordingly, the petition stands disposed of.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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