Bombay High Court
SATISH MALHARRAO RAJEBHOSALE AND OTHERSversusTHE DIVISIONAL COMMISSIONER NASHIK DIVISION NASHIK AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Divisional Commissioner must decide the pending proposal for land deletion within six weeks of receipt of the Court's order.
Summary
The petitioners filed a writ petition seeking a direction to the Divisional Commissioner to decide a proposal, dated 29 September 2001, for deletion of land belonging to their father, which had remained pending since the application was made in 1982. The petitioners argued that the undue delay violated their rights. The Court examined whether the administrative authority was obligated to adjudicate the pending proposal within a reasonable time. Finding no justification for the prolonged inaction, the Court ordered the Divisional Commissioner to decide the proposal within six weeks of receiving the order and to communicate the decision to the petitioners. The petition was consequently disposed with the said direction.
Issues considered
- Whether the Divisional Commissioner is required to decide the pending land deletion proposal within a reasonable time and can be directed by the Court to do so.
Subjects
- land deletion
- rehabilitation
- administrative delay
- writ petition
- high court
- division commissioner
Judgment
2026:BHC-AUG:40372-DB
1 64.WP.11200.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11200 OF 2026
SATISH MALHARRAO RAJEBHOSALE AND OTHERS
VERSUS
THE DIVISIONAL COMMISSIONER NASHIK
DIVISION NASHIK AND OTHERS
...
Advocate for the Petitioners : Mr. Makarand Adwant (VC)
AGP for Respondent/State : Mr. M.K. Goyanka
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 03.09.2026
PER COURT:
1. The Divisional Commissioner was forwarded a proposal by the
Collector and Deputy Director of Rehabilitation, Ahmednagar on
29.09.2001 in respect of deletion of land of the petitioners’ father. The
said proposal was forwarded pursuant to the application made by the
petitioners’ father on 08.07.1982. The same is not decided till date.
Hence, the petitioners are before this Court.
2. Writ Petition is disposed of by directing the respondent
No.1 to decide the said proposal dated 29.09.2001 within a period of
six (6) weeks from the date of receipt of copy of this order and
communicate the order to the petitioners.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
Checking your session…