Bombay High Court

ASAF SARVARKHA PATHAN AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court ordered respondent No.2 to decide the petitioners' proposal within eight weeks, applying the Janabai Himmatrao Thakur precedent.

Summary

Petitioners Asaf Sarvarkha Pathan and another filed a writ petition challenging the inaction of the respondent authority regarding a proposal forwarded by the Headmaster of Zilla Parishad, Bhogalwadi. The High Court examined the applicability of the precedent set in Janabai Himmatrao Thakur vs. State of Maharashtra (AIR Online 2019 Bombay 1055). The Court held that the respondent must consider the proposal in light of that decision. Accordingly, the Court directed respondent No.2 to decide the proposal within eight weeks of receiving the order. The writ petition was disposed of after issuing this direction.

Issues considered

Whether respondent No.2 is obligated to decide the petitioners' proposal in accordance with the precedent established in Janabai Himmatrao Thakur vs. State of Maharashtra.

Subjects

Writ Petition
Administrative Law
Precedent
Direction to Authority
Implementation of Proposal

Judgment

2026:BHC-AUG:41850-DB
                                                   1                      51.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        51 WRIT PETITION NO. 11723 OF 2026

                     ASAF SARVARKHA PATHAN AND ANOTHER
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                            ...


       Advocate for the Petitioner : Mr. Jadhwar Sidhesh V a/w. Mr. Vishal Thorave
                         AGP for Respondent/State : Mr. B.B. Bhise
                  Advocate for Respondent No.2 and 3 : Mr. S.S. Dambe
                                             …
                                          CORAM        : NITIN B. SURYAWANSHI AND
                                                         ABASAHEB D. SHINDE, JJ.
                                            DATE       : 09.09.2026

              PER COURT :
              .      Writ Petition is disposed of by directing respondent No.2 to
              decide the proposal of the petitioners forwarded by the Headmaster of
              Zilla Parishad, Bhogalwadi, Tq. Dharur, Dist. Beed on 17.06.2026, in
              the light of the decision of this Court in the case of Janabai Himmatrao
              Thakur vs The State of Maharashtra and Others reported in AIR OnLine
              2019 Bombay 1055.

              2.    The said decision shall be taken within a period of eight (08)
              weeks from the date of receipt of copy of this order.




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




   vsj..

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