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Bombay High Court

GAJENDRA ASHOK DAKE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that the petitioners may be directed to make a representation to the District Collector and that the matter shall be decided within the stipulated time.

Summary

Gajendra Ashok Dake and others filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an action of the State of Maharashtra. The petitioners sought relief against the respondents, but the court did not decide the substantive merits. Instead, the judges directed the petitioners to make a representation to the District Collector (respondent No.2) through respondent No.4 within two weeks. The court further ordered that the representation, once made, must be decided within eight weeks of its filing. No other orders were made, and the petition was disposed of on this procedural basis.

Issues considered

  • Whether the court can direct the petitioners to make a representation to the District Collector before deciding the writ petition
  • Whether such a procedural direction is permissible under the applicable law

Subjects

  • writ petition
  • representation
  • district collector
  • procedural direction
  • High Court
  • Aurangabad
  • Maharashtra

Judgment

2026:BHC-AUG:37187-DB
                                                   1                       68.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        68 WRIT PETITION NO. 10142 OF 2026

                     GAJENDRA ASHOK DAKE AND OTHERS
                                 VERSUS
       THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                            ...


                   Advocate for the Petitioner : Mr. Pankaj A. Bharat
                     AGP for Respondent/State : Mr. N.D. Batule
                                           …
                                           CORAM       : NITIN B. SURYAWANSHI AND
                                                         ABASAHEB D. SHINDE, JJ.
                                            DATE       : 18.08.2026

             PER COURT :
             .      Writ Petition is disposed of by granting liberty to the petitioners
             to make representation to respondent No.2/District Collector which is
             made by the petitioners to respondent No.4, within a period of two
             (02) weeks from today. If such representation is made, the same shall
             be decided within a period of eight (08) weeks from the date of making
             of the said representation.




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




   vsj..


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