Bombay High Court

MOHAMMAD ATIQUE KHAN NASIR KHAN AND ANOTHERversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The State must decide on the petitioners' representation on its merits within twelve weeks of receipt of the order.

Summary

The petitioners filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. They submitted a representation dated 15-07-2026, styled as a ‘Legal Notice’, and requested that the State consider it on its merits. The Court examined whether the State, as Respondent No.2, was obligated to decide on the representation within a reasonable time, referring to the Apex Court’s decision in Chaya & Ors. v. State of Maharashtra (SLP (C) Nos. 14517‑14539 of 2025). The Bench held that the State must adjudicate the representation on its merits within twelve weeks of receiving a copy of the order. Accordingly, the petition was disposed of by directing Respondent No.2 to comply with the stipulated timeline.

Issues considered

Whether the State of Maharashtra is required to decide on the petitioners' representation styled as a legal notice on its merits within a specified period.

Subjects

writ petition
legal notice
representation
high court order
state liability
precedent

Judgment

2026:BHC-AUG:39357-DB
                                                   (1)                     84wp10891.26




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   84 WRIT PETITION NO. 10891 OF 2026
                              Mohammad Atique Khan Nasir Khan And Others
                                                                      ….Petitioners
                                              VERSUS

                            The State Of Maharashtra Thr Secretary And Others
                                                                       …..Respondents


                Mr. Syed Azizoddin R., Advocate for the Petitioners
                Mr. M. K. Goyanka, AGP for the respondent/State

                                         CORAM : NITIN B. SURYAWANSHI &
                                                 ABASAHEB D. SHINDE, J. J.
                                           DATE : 24th AUGUST, 2026


                PER COURT :

                1.               The Petition is disposed of by directing the Respondent

                No. 2 to take decision on the representation of the Petitioners dated

                15-07-2026 styled as ‘Legal Notice’, on its own merits within a period

                of twelve weeks from the date of receipt of copy of this order, by

                taking into consideration the decision of the Apex Court in Civil

                Appeal Nos… of 2026 (SLP (C) No.14517-14539 of 2025) [Chaya

                and others Etc. Vs. The State of Maharashtra and another Etc. ].




                [ABASAHEB D. SHINDE, J. ]                [NITIN B. SURYAWANSHI, J.]


                VishalK/84wp10891.26



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