Bombay High Court

SHAIKH MAZHAR SHAHAMIRversusSTATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the recovery orders were unlawful and directed that the amounts be refunded and the petitioners be paid all consequential retiral benefits.

Summary

The petitioners, a group of individuals, challenged recovery orders passed by the State of Maharashtra that required them to pay certain amounts. They contended that the orders were illegal and that they were entitled to a refund of the amounts recovered along with all consequential retiral benefits. The High Court examined the matter in light of two earlier decisions of the same court (Writ Petition No. 1150 of 2026 and Writ Petition No. 6442 of 2026) which dealt with similar facts. Relying on the reasoning in those precedents, the Court found that the recovery orders were not justified. Consequently, the Court allowed all the writ petitions, directing that the amounts recovered be refunded within ninety days and that the petitioners receive their full retiral benefits.

Issues considered

Whether the recovery orders issued against the petitioners by the State of Maharashtra were lawful.
Whether the petitioners are entitled to a refund of the amounts recovered and to consequential retiral benefits.

Subjects

writ petition
refund
retiral benefits
State of Maharashtra
High Court of Bombay
recovery order
precedent

Judgment

2026:BHC-AUG:37797-DB
                                         1                        4,5,99,102,104,224.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        4 WRIT PETITION NO. 9576 OF 2026

                        SHAIKH MAZHAR SHAHAMIR
                                VERSUS
          STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
                                             ...


                Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                     AGP for Respondent/State : Mr. N.S. Tekale
               Advocate for Respondent Nos.2 to 4 : Mr. Parth S. Salunke
                                          …
                       5 WRIT PETITION NO. 9582 OF 2026

                      RANJANA BHAUSAHEB BANSODE
                                VERSUS
          STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
                                             …
                 Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                   AGP for Respondent/State : Ms. Neha B. Kamble
               Advocate for Respondent Nos.2 to 4 : Mr. Parth S. Salunke
                                           …
                      99 WRIT PETITION NO. 10089 OF 2025

                          JIJABAI RAOSAHEB THOMBRE
                                    VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                             ...


                 Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                      AGP for Respondent/State : Mr.S.R. Wakale
      Advocate for Respondent Nos.2 and 3 : Mr. Vishal H. Rathod h/f. S.P. Urgunde
                                           …
                      102 WRIT PETITION NO. 15160 OF 2025

                      ANSARI PARVEEN BANU MOHD. YOUSUF
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                             …
                 Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                                     2                         4,5,99,102,104,224.doc



                 AGP for Respondent/State : Mr.S.K. Tambe
Advocate for Respondent Nos.2 and 3 : Mr. Vishal H. Rathod h/f. S.P. Urgunde
                                   …
                 104 WRIT PETITION NO. 1019 OF 2026

                ATMARAM JANARDHAN KHEDKAR
                          VERSUS
    STATE OF MAHARASHTRA THROUGH SECRETORY AND OTHERS
                                         ...
             Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                   AGP for Respondent/State : Mr.V.M. Kagne
           Advocate for Respondent Nos.2 and 3 : Mr. Parth S. Salunke
                                       …
                   224 WRIT PETITION NO. 8264 OF 2026

             DR BABASAHEB GANGARAM UNAWANE
                         VERSUS
 THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
                                         …
             Advocate for the Petitioner : Ms. Ansari Asfia Nuzhat
                   AGP for Respondent/State : Mr.V.M. Kagne
           Advocate for Respondent Nos.2 and 3 : Mr. Parth S. Salunke
                                       …


                                     CORAM      : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.
                                         DATE   : 18.08.2026

       PER COURT :
       .        The case of the Petitioners is squarely covered by the decision of
       the Co-ordinate Bench of this Court in Writ Petition No. 1150 of 2026
       and by this Bench in Writ Petition No. 6442 of 2026.


       2.      For the reasons stated in the said orders, the Writ Petitions are
       allowed. The amount recovered from the Petitioners pursuant to the
       impugned orders is directed to be refunded to them within 90 days and
                          3                       4,5,99,102,104,224.doc



the Petitioners shall be paid all the consequential retiral benefits
thereof.



( ABASAHEB D. SHINDE, J. )           ( NITIN B. SURYAWANSHI, J. )



vsj..

Continue reading with your account

Checking your session…