Bombay High Court

SARUBAI MAHADEV MADAKE DIED THR LRS NANASAHEB M MADAKE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court disposed the writ petition, granting the petitioners liberty to prosecute a fresh appeal and directing its expeditious disposal within four months.

Summary

The petitioners filed a writ petition seeking a direction to the respondents to decide an appeal they had filed on 22 October 2024, which had been dismissed on 22 January 2026 for want of prosecution. The petitioners alleged that the dismissal by Respondent No.3 was effected without notice or an opportunity of hearing. The court noted that the petitioners remain at liberty to pursue the remedy available to them under law. Accordingly, the writ petition was disposed of, with the court directing that any fresh appeal filed by the petitioners be decided expeditiously and within four months of filing, after hearing all concerned parties. No substantive order on the merits of the appeal was made.

Issues considered

Whether the court can compel the respondents to decide the petitioners' appeal within a specified time frame
Whether the dismissal of the appeal without notice violates procedural fairness

Subjects

writ petition
appeal dismissal
procedural due process
civil procedure
expeditious disposal

Judgment

2026:BHC-AUG:37832-DB


                                                  {1}                  wp10228-26.doc
                 drp
                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                                  WRIT PETITION NO.10228 OF 2026

                 Sarubai Mahadev Madake (Died) LRs                    PETITIONERS

                         VERSUS

                 The State of Maharashtra and Others                 RESPONDENTS

                                              .......
                 Mr. Datta A. Madake, Advocate for the Petitioners
                 Mr. V. M. Kagne, AGP for Respondent - State
                                              .......

                               [CORAM : NITIN B. SURYAWANSHI, &
                                        ABASAHEB D. SHINDE, J. J.]

                                      DATE : 19th AUGUST, 2026

                 ORDER :

                 1.      This Petition is filed seeking direction to the Respondents,

                 to decide the Appeal filed by the Petitioners on 22 nd October,

                 2024.


                 2.      Learned AGP has placed on record copy of the order dated

                 22nd January, 2026, by which the Appeal filed by the Petitioners

                 is dismissed for want of prosecution, with liberty to the

                 Petitioners to file another Appeal.


                 3.      Learned Advocate for the Petitioners submits that, the

                 Appeal of the Petitioners is dismissed by the Respondent No.3

                 without issuing notice and without giving opportunity of hearing.
                                 {2}                   wp10228-26.doc


4.    Be that as it may, the Petitioners are at liberty to prosecute

the remedy available to them in law.


5.    In view of the above, the Writ Petition is disposed of. If the

Petitioners file Appeal, the same be decided as expeditiously as

possible and in any case within a period of four months from the

date of its filing, after hearing all the concerned.



[ ABASAHEB D. SHINDE ]                   [ NITIN B. SURYAWANSHI ]
         JUDGE                                      JUDGE

drp/wp10228-26.doc

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