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Bombay High Court

AVINASH BALASAHEB SAKHAREversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Respondent No.3 must decide the petitioner’s representations on their merits within twelve weeks of receipt of the court’s order.

Summary

Avinash Balasaheb Sakhare filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the inaction of the respondents, including the State of Maharashtra and other officials, regarding his representations dated 18 March, 12 May, and 24 June 2026. The petitioner sought a directive compelling the respondents to consider and decide on these representations. The court examined whether the respondents had a duty to adjudicate the petitioner’s submissions within a reasonable time. It held that the respondents, particularly Respondent No.3, were obligated to decide the representations on their merits. Consequently, the court ordered Respondent No.3 to render a decision within twelve weeks of receiving the order, thereby disposing of the writ petition.

Issues considered

  • What duty, if any, do the respondents have to decide the petitioner’s representations filed on 18 March, 12 May, and 24 June 2026?

Subjects

  • writ petition
  • representation
  • administrative duty
  • high court direction
  • disposal

Judgment

2026:BHC-AUG:39435-DB
                                                                            41-WP-10461-26.odt




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                              WRIT PETITION NO. 10461 OF 2026

        Avinash Balasaheb Sakhare                              ..PETITIONER
              VERSUS
        State of Maharashtra and Others                        ..RESPONDENTS

                                              ....
        Mr. S.P. Tiwari, Advocate h/f Mr. H.P. Jadhav, Advocate for Petitioner
        Mr. V.M. Kagne, A.G.P. for Respondent no.1 – State
        Mr. M.N. Navandar, Advocate for Respondent nos. 2 and 3
                                              ....

                                           CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.
                                           DATE : 24th AUGUST, 2026

        PER COURT :

        1.         Issue notice to the respondents. Learned A.G.P. waives service of

        notice for Respondent No.1 – State and Mr. Navandar, learned counsel for

        Respondent Nos. 2 and 3.


        2.         Writ petition is disposed of by directing Respondent No.3 to decide

        the representations of the Petitioner dated 18 th March, 2026, 12th May, 2026 and

        24th June, 2026, on their own merits, within a period of twelve weeks from the

        date of receipt of copy of this order.




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




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