Created by Fuzzy Cloud

Bombay High Court

BABAN EKNATH GARKALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that Respondent No.2 must decide the petitioner’s pending complaints on their merits within eight weeks of receiving the order.

Summary

Shri Baban Eknath Garkal filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and other respondents. The petitioner alleged that Respondent No.2 had failed to adjudicate several complaints he lodged on 10 September 2024, 7 January 2025, 20 February 2025, 4 May 2026 and 29 May 2026. The Court examined whether the non‑consideration of these complaints amounted to a violation of the petitioner’s right to a fair administrative process. Finding no substantive hearing had been afforded, the Court directed Respondent No.2 to decide each complaint on its merits after hearing the concerned parties. The order also imposed a time‑limit of eight weeks from receipt of the order for the decisions to be rendered, and the writ petition was disposed accordingly.

Issues considered

  • What legal duty, if any, does Respondent No.2 have to decide the petitioner’s complaints within a reasonable time?
  • Whether the failure to decide the complaints violates the petitioner’s right to administrative justice under the Constitution.

Subjects

  • writ petition
  • administrative law
  • direction
  • complaint adjudication
  • high court
  • constitutional rights
  • reasonable time

Judgment

2026:BHC-AUG:37384-DB


                                                1                     84-WP-10042-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10042 OF 2026

                                   SHRI. BABAN EKNATH GARKAL
                                             VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                 ...
              Mr. K.d. Bade Patil, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
              Mr. P. D. Suryawanshi, Advocate for Respondent Nos.2 and 3
                                                 ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                       DATE : 17th AUGUST, 2026

              PER COURT :

              .            The writ petition is disposed of by directing respondent

              No.2 to decide the complaints of the petitioner dated 10/09/2024,

              07/01/2025, 20/02/2025, 04/05/2026 and 29/05/2026, on it’s own

              merit and after hearing the concerned, within a period of eight

              weeks from the date of receipt of copy of this order.



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




              SVH


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.