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Bombay High Court

SANJVANI SHARAD JOSHIversusGRIEVANCE REDCRESSAL COMMITTEE ADMINISTRATIVE AND ORS

Decided
Disposal
Disposed Off

Holding

The GRC’s order was set aside because it failed to record independent reasons, and the appeal was restored for fresh adjudication by the GRC.

Summary

The petitioner challenged an order dated 1 April 2026 passed by the Grievance Redressal Committee (GRC) which had dismissed an appeal against an order of the Appellate Authority dated 27 October 2025. The petitioner argued that the GRC had not recorded any independent reasons and merely endorsed the Appellate Authority’s findings without a fresh evaluation. The respondents contended that the tenement transfer was illegal and the GRC was justified in dismissing the appeal. The Court observed that the GRC’s order lacked any reasoning and failed to fulfil its duty to examine the legality, propriety and correctness of the Appellate Authority’s decision. Consequently, the Court set aside the GRC’s order, restored the appeal to the GRC’s file and directed the GRC to rehear the matter and pass a reasoned order within six weeks, without deciding on the merits of the case.

Issues considered

  • Whether the Grievance Redressal Committee complied with the requirement to record independent reasons while deciding an appeal against the Appellate Authority’s order.
  • Whether the impugned GRC order is liable to be set aside for lack of reasons.
  • Whether the appeal should be remitted to the GRC for a fresh, reasoned decision.

Subjects

  • grievance redressal committee
  • appellate authority
  • reasoned order
  • procedural fairness
  • judicial review
  • remand
  • civil procedure

Judgment

                                                                      26-WP10961-2026.DOC

                                                                                   Santosh

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 10961 OF 2026

                      Sanjivani Sharad Joshi                                ...Petitioner
                                        Versus
                      Grievance Redcressal Committee
                      Administrative And Ors                             …Respondents

                      Mr. Hrishikesh Nabar, for the Petitioner
                      Ms. Tanya Goswami, for the SRA in all WP.
                      Mr. Y. S. Khochare, ‘B’ Panel Counsel a/w Mr.. Y. D. Patil, AGP
                            for the State/Respondent.

                                                     CORAM: N. J. JAMADAR, J.
                                                     DATED: 7th SEPTEMBER, 2026

                      Oral Order:-

                      1.   Heard the learned Counsel for the parties.


                      2.   The challenge in this petition is to an order dated 1 st April,

                      2026 passed by the Grievance Redressal Committee (GRC) in

                      Appeal No. 242/2025 against an order dated 27 th October, 2025

SANTOSH               passed by the Appellate Authority whereby the appeal preferred
SUBHASH
KULKARNI
Digitally signed by   by the petitioner, came to be dismissed.
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.09
20:06:29 +0530

                      3.   The learned Counsel for the petitioner submitted that the

                      GRC has not recorded reasons. GRC has simply observed that it

                      agrees with the reasons recorded by the Appellate Authority.

                      There is no independent evaluation of the grounds urged by the


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petitioner in the appeal assailing the order passed by the

Appellate Authority.


4.   Ms. Goswami, the learned Counsel for the SRA and Mr.

Patil, the learned Counsel for the intervener, initially opposed

the submissions canvassed on behalf of the petitioner. It was

urged that the tenement was transferred in favour of the

petitioner   and   other   similarly   situated   persons     illegally.

Therefore, the Authorities were justified in dismissing the

appeal.


5.   From the perusal of the impugned order passed by the

GRC, the only reason which can be discerned from the

impugned order is to be found in paragraph 12 thereof, which

reads as under:

      “11(c) ……. This committee avoids mentioning the findings
      of the Learned Appellate Authority here again to avoid
      repetition and prolixity. After carefully examining the
      provisions of law as mentioned above, this Committee
      believes that the Learned Appellate Authority has passed a
      reasoned order and there is no need to interfere in the
      impugned order by the hands of this Committee since the
      appellant failed to establish the case as pleaded in the
      appeal.”



6.   Evidently, the GRC has not at all considered the matter as

an appellate forum so as to examine the legality, propriety and

correctness of the order passed by the Appellate Authority. The

GRC was expected to come in close quarters with the reasons

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recorded by the Appellate Authority and then arrived at an

independent decision.      Instead, the GRC has simply observed

that it endorses the reasons recorded by the Appellate

Authority.


7.      The impugned order singularly lacks reasons. It is trite

when an appeal is provided against an order, the Appellate

Authority is required to record its independent reasons,

howsoever brief those reasons may be. It cannot simply dismiss

the appeal observing that it endorses the views of the lower

Authority.


8.      Resultantly, the petition deserves to be allowed and the

appeal is required to be remitted back to the GRC for afresh

decision in accordance with law.


9.      Hence, the following order:


                            :ORDER:


(i)      The petition stands allowed.


(ii)     The impugned order dated 27th October, 2025 passed by

         the Additional Collector (E&R) in Appeal No. 726/2025

         stands quashed and set aside.


(iii)    Appeal No. 242/2025 stands restored to the file of GRC.


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(iv)   GRC is requested to hear and decide the appeal afresh

       and pass a reasoned order.


(v)    It is hereby made clear that this Court has not entered

       into the merits of the matter and all contentions of all the

       parties are kept open for determination by the GRC.


(vi)   GRC is requested to make an endeavour to hear and

       decide the appeal as expeditiously as possible and,

       preferably, within a period of six weeks from the date of

       communication of this order.

                                           [N. J. JAMADAR, J.]




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