Mohammed Hanif Nurani vs Union of India through Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Mohammed Hanif Nurani vs Union of India through Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim relief: no final adjudication order on the show cause notice until further orders; hearings may continue with the Petitioner attending; Respondents to file affidavit-in-reply to the amended Petition by 09.04.2025; matter listed on 16.04.2025 for ad-interim relief.

Issue for consideration

Challenge to the show cause notice, in respect of which a hearing is fixed before the concerned Officer while the Writ Petition is pending.

Court's answer

Interim restraint: the hearing fixed for the next day and any further hearings may continue and shall be attended by the Petitioner, but no final adjudication order shall be passed until further orders.

Ratio / Principle

Respondents directed to file their affidavit-in-reply to the amended Petition on or before 9 April 2025 and serve a copy on the advocates for the Petitioner.

Key takeaways

Writ Petition placed/listed on 16 April 2025 for ad-interim relief.ratio¶5
Parties put to notice that, notwithstanding the interim directions, the Court may dispose of the Writ Petition at the ad-interim stage itself, time permitting.obiter¶6

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 2127 of 2025 — Mohammed Hanif Nurani v. Union of India & Ors. (order dated 26 March 2025, Colabawalla & Pooniwalla JJ.) — Interim (P.C.) order in a writ petition challenging a show cause notice, hearing under which was fixed before the concerned Officer for 27 March 2025: (i) Respondents (Union of India & Ors.) directed to file affidavit-in-reply to the amended Petition on or before 9 April 2025 and serve copy on the Petitioner's advocates; (ii) hearings fixed before the Officer, and any further hearings, permitted to continue with the Petitioner's attendance, but no final adjudication order to be passed until further orders; (iii) Petition listed for 16 April 2025 for ad-interim relief; (iv) parties put to notice that the Court may dispose of the Petition at that stage itself, time permitting. No statute or precedent cited; no quantum involved.

501.wp.2127.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.2127 OF 2025

Mohammed Hanif Nurani .. Petitioner

Versus

Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2025.03.26 18:48:23 +0530

Union of India & Ors.

.. Respondents

Dr.Sujay Kantawala a/w Aishwarya Kantawala, Jeffry Caleb, Ayushi Jha, Advocates for the Petitioner.

Ms.Neeta Masurkar a/w Sumar Kumar Das, Advocates for Respondent.

CORAM :B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE : MARCH 26, 2025

P. C.

1. The above matter has been urgently moved because during the pendency of this Writ Petition and which challenges the show cause notice, a hearing is fixed by the concerned Officer tomorrow. The Petition has also been amended and the amended copy of the Petition has been served on the Respondents.

Page 1 of 3 MARCH 26, 2025

Utkarsh

501.wp.2127.2025.doc

2. The Respondents seek time to file an affidavit-in-reply to the amended Petition. The reply, they state, shall be filed within a period of 2 weeks from today.

3. We accordingly direct that the Respondents shall file their affidavit-in-reply to the amended Petition on or before 9^th April 2025 and serve a copy of the same on the advocates for the Petitioner.

4. In the meanwhile, we direct that, though the hearing fixed tomorrow, and any further hearings, can continue and which shall be attended by the Petitioner, however no final adjudication order shall be passed until further orders.

5. We now place the above Writ Petition on 16^th April 2025 for ad-interim relief.

6. We put the parties to notice that notwithstanding the aforesaid we may dispose of the Writ Petition at that stage itself, time permitting.

Page 2 of 3 MARCH 26, 2025

Utkarsh

501.wp.2127.2025.doc

7. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

Page 3 of 3 MARCH 26, 2025

Utkarsh