KAMLESH SURESH BINNER v. THE DIVISIONAL COMMISSIONER KONKAN DIVISION NAVI MUMBAI AND OS
WP/7356/2026 · 2026-07-22
Advait M Sethna, Shri Suman Shyam
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3138 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3138 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
52-WP-7356-2026 (C).DOC Mayur IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7356 OF 2026 Kamlesh Suresh Binner …Petitioner Versus The Divisional Commissioner Konkan Division Navi Mumbai And Ors. …Respondent Mr. Arjun Pawar, a/w Mr. Rohan Bhoudave, for the Petitioner. Ms. N.M. Mehra, AGP, for the Respondent - State.
CORAM:
SUMAN SHYAM & ADVAIT M. SETHNA, JJ. DATED:
22nd JULY 2026. PC:-
1. Heard Mr. Arjun Pawar, learned counsel appearing for the Petitioner, and Mr. N.M. Mehra, learned AGP, appearing for the Respondent–State.
2. This writ petition has been instituted by the original applicant, in Original Application No. 1532 of 2023, with a prayer to expedite the hearing of the original application pending before the learned MAT. It appears that, by order dated 13th January, 2026, the learned MAT has already allowed the prayer of the Petitioner seeking expeditious hearing and fixed the original
52-WP-7356-2026 (C).DOC application for disposal at the admission stage on 17th February,
2026.
3. The grievance of the Petitioner is that, despite the original application being placed on the board for final hearing, the hearing has not taken place till date. It is further pointed out that the original application is now placed on the board of final hearing at the admission stage on 1st September, 2026 before the learned MAT. However, according to the Petitioner, if the matter is not heard on that date, by efflux of time, the relief claimed in the original application may stand negated if the Petitioner in the meantime, crosses the upper age limit for appointment.
4. Mr. Pawar, learned counsel for the Petitioner/original applicant, has therefore, sought further directions from this Court to ensure that the original application is heard and decided on merits on the next date fixed.
5. Ms. Mehra, learned AGP, submits that since the matter is already on the hearing board, it would be heard on merits on the date fixed, subject to the business of the learned Tribunal permitting the same. He has no further submissions to make.
6. Having considered the material on record as well as the
submissions advanced by the learned counsel for the parties, we find that, since there is already an order directing expeditious hearing of the original application, no further order is called for in the present writ petition. However, taking note of the apprehension expressed by the Petitioner/original applicant that any further delay in disposal of the original application may render his claim stale on account of being overaged even if he ultimately succeeds
52-WP-7356-2026 (C).DOC in the original application, we request the learned MAT to make an endeavour to accommodate the Petitioner/original applicant and hear and dispose of the original application, finally on the next date fixed, subject to the business of the learned Tribunal permitting the same.
7. With the above observation, the Writ Petition stands
disposed of.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.) {