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2021 DAILYLAW 2072 (BOM)

SHRI. DAVINDER SUKHDEVSINGH BAJWA AND ORS v. SHRI. BALASAHEB RAMCHANDRA PALAVE AND ORS

WP/3542/2021 · 2026-02-17

Shri Milind N Jadhav

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. CIVIL WP-3542-2021.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3542 OF 2021 Davinder Sukhdevsingh Bajwa & Ors. .. Petitioners Versus Balasaheb Ramchandra Palave & Ors. .. Respondents ....................  Mr. P.S. Dani, Senior Advocate a/w Mr. Sandeep D. Shinde, Mr. Umesh S. Iyer and Mr. Rohan P. Gaikwad, Advocates for Petitioners  Mr. Ajinkya J. Jaibhave, Advocate for Respondent Nos. 1 to 4  Ms. V.S. Nimbalkar, AGP for Respondent No. 5 - State  Mr. Gurudas Ballal, Desk Officer (J-6) present ................... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 17, 2026 P. C. : 1. Heard Mr. Dani, learned Senior Advocate for Petitioners; Mr. Jaibhave, learned Advocate for Respondent Nos. 1 to and Ms. Nimbalkar, learned AGP for Respondent No. 5 - State. 2. On 03.02.2026 this Court passed the following order:- "1. Heard Mr. Gaikwad, learned Advocate for Petitioners; Mr. Jaibhave, learned Advocate for Respondent No. 1 and Ms. Nimbalkar, learned AGP for Respondent No. 5 - State. 2. Present Writ Petition has been languishing since 2021. On 30.07.2021, this Court (Coram : M.S. Karnik, J.) passed a reasoned order granting ad interim relief. In paragraph No. 3 thereof, this Court has categorically noted that the impugned order passed by the Hon'ble Minister is without taking into consideration the written submissions and the stand taken by Petitioners. 3. Today Mr. Shinde, learned Advocate for Petitioners is in personal difficulty as informed by holding Advocate. In view thereof, one last opportunity is given to learned Advocate for Petitioners to remain present on the next adjourned date and apprise the Court. 1 of 3 1. CIVIL WP-3542-2021.odt 4. Learned AGP is also directed to apprise the Court with respect to observations made by this Court in paragraph No. 3 of its previous order to enable this Court to pass appropriate orders to dispose of the present Writ Petition on the next adjourned date. 5. Stand over to 17th February, 2026 under the caption "for Orders". 2.1. Precursor order is passed on 30.07.2021 which is recorded in the aforesaid order. Admittedly reply was filed by Petitioners before the State on 05.04.2021 which was after a period of two weeks which was granted to the Petitioners at the then time. 3. Ms. Nimbalkar, learned AGP after taking instructions from the Officer who is present in Court agrees with the fact that not only the submissions made by Petitioners in their reply dated 05.04.2021 have not been considered but the case of Petitioners has also not been considered while passing the impugned order. In that view of the matter, impugned order dated 06.07.2021 stands quashed and set aside. Needless to state that this Court has not expressed any opinion on merits of the matter between the parties nor about the case of Petitioners made out in their reply dated 05.04.2021. 4. Matter is thus remanded back to the State for a fresh hearing and decision on the Revision Application which shall be given after hearing the Petitioners and private Respondents duly represented by Mr. Jaibhave. All contentions of Petitioners and private Respondents are expressly kept open. State shall not be influenced by any of the observations and findings stated in the impugned order which has 2 of 3 1. CIVIL WP-3542-2021.odt been quashed and set aside by virtue of this order. State shall ensure that Revision Application is decided as expeditiously as possible and strictly on the merits of the case of Petitioners and private Respondents. 5. Copy of this order shall be placed before the State and its functionaries concerned on 23.02.2026 at 01.00 p.m. to enable them to take cognizance of this order and fix the hearing for Revision Application in accordance with law. 6. Petition is disposed in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.02.17 18:53:52 +0530