The Union Of India v. Maj Gen Shahbaz Hasnain Retd
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1991 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s Brig NK Unni (Retd) IC-40 889Y
...Respondent.
WITH WRIT PETITION NO. 1995 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s Col. K.S. Bajwa (Retd.) No.IC 34175P
...Respondent.
WITH WRIT PETITION NO. 954 OF 2025 Union of India through Ministry of Defence
...Petitioner.
V/s.
Mag Gen Shahbaz Hasnain (Retd.) ....Respondent.
WITH WRIT PETITION NO. 15894 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s.
Lt. Col. Suman Vyas
...Respondent.
WITH WRIT PETITION NO. 18058 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s.
Col Sanjiv Sethi (Retd.)
...Respondent.
WITH WRIT PETITION NO. 19046 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s.
Col Rahul Ranjan (Retd.) ... Respondent.
WITH WRIT PETITION NO. 19048 OF 2024 Union of India through Ministry of Defence
...Petitioner.
V/s.
Colonel Hemant H. Rana (Retd)
...Respondent.
WITH WRIT PETITION NO. 11081 OF 2025 Union of India through Ministry of Defence
...Petitioner.
V/s Colonel Apoorva Dixit (Retd.)
...Respondent
WITH WRIT PETITION (ST) NO. 11896 OF 2025 Union of India through Ministry of Defence
...Petitioner.
V/s Ex Lt Col Mayur Ambastha
...Respondent.
WITH WRIT PETITION NO. 10966 OF 2025 Union of India through Ministry of Defence
...Petitioner.
V/s Lt Col (TS) Radhey Shyam Mishra (Retd.)
...Respondent.
Mr. Amarendra Mishra, advocate for the petitioner - UOI in Writ Petition Nos. 1991 of 2024, 1995 of 2024, 19046 of 2024, 19048 of 2024, 10966 of 2025 & Writ Petition (St) No.11896 of 2025. Ms. Anamika Malhotra, advocate for the petitioner in Writ Petition Nos. 954 of 2025 & 18058 of 2024.
Adv. Nieyaati for the petitioner in Writ Petition No.15894 of 2024. Mr. D. P. Singh, advocate for the petitioner in Writ Petition No.11081 of 2025.
Mr. Mahadevan Anand, advocate for the respondent in Writ Petition Nos. 1995 of 2024, 15894 of 2024, 11081 of 2025.
Mr. Satendra Kumar, advocate for the respondent in Writ Petition Nos. 19046 of 2024 and 1991 of 2024.
Mr. Yogendra Pratap Singh, advocate for the respondent in Writ Petition Nos. 19048 of 2024 & 10966 of 2025.
Mr. Angusuman Ojha, advocate for the respondent in Writ Petition (St) No.11896 of 2025.
CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.
DATE : 11th NOVEMBER 2025.
PER, SHREE CHANDRASHEKHAR, CJ These matters were heard on 4th August 2025, 11th September 2025, 6th October 2025, 8th October 2025 and 15th October 2025 and adjourned for the purpose of serving notice to the respondents. An affidavit dated 10th November 2025 is said to have been filed online, original of which is tendered in the Court.
2.
The original affidavit dated 10th November 2025 is taken on record.
3.
In this affidavit which has been filed in compliance of the order dated 4th August 2025, a statement has been made that 11 cases out of 18 cases, details of which are appended with the letter dated 14th October 2025 vide Exhibit-B at page no. 70 of the paper-book, shall be examined in the light of the letter dated 9th June 2025. In the letter dated 14th October 2025, the following directions have been issued:- "2. It is intimated that all the cases as mentioned in the list att to the letter u/r have been examined. Out of 18 x cases of AFT Mumbai, 11 x case merits implementation as per AG/PS4 B letter dt 09 Jun 2025 and one case don't pertains to DP List of the same is att as Appx duly highlighting possible implementation and reasons for non
implementation.
3. Further, it is intimated that in recent past O/o PIFA (Q&M) has been raising observation in according fin concurance to the cases where Writ Petition has been filed due to likely fin loss to exchequer. Therefore, cases which even though meriting implementation based on AG/PS4 letter dated 09 Jun 2025 can't be processed till concerning Writ Petition gets dismissed by jurisdictional High Court.
4. In view of the above it is intimated that the cases as mentioned in ser no.1 - 12 of the list att may be implemented sub to merit of case post dismissal of Writ Petition. In the remaining cases, exhaustion of legal remedies based on dirns of MoD D (P/L) will be ensured." 4.
The list of writ petitions which, according to Mr. Amarendra Mishra, the learned counsel for Union of India, falls within the ambit of letter dated 14th October 2025 is tendered in the Court which is taken on record. In view of the directions issued vide letter dated 14th October 2025 for merit implementation as per AG/PS4-(B) letter dated 9th June 2025, Writ Petition Nos.1991 of 2024, 1995 of 2024, 954 of 2025, 15894 of 2024, 18058 of 2024, 19046 of 2024, 19048 of 2024 and 11081 of 2025, Writ Petition (St) No. 11896 of 2025 and Writ Petition No. 10966 of 2025 are disposed of with liberty to the respondents to approach the Court in the event adverse decision is taken against them.
5.
Post the remaining matters on 12th November 2025 at 4:00 P.M. [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2025.11.17 12:46:00 +0530