Created by Fuzzy Cloud

Bombay High Court

RAMESHWAR SHESHRAO SAGADE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Respondent No.3 must decide the petitioners' representation on its merits within six weeks of receipt of the order.

Summary

The petitioners, Rameshwar Sheshrao Sagade and others, filed a writ petition before the Bombay High Court challenging the failure of Respondent No.3 to decide a representation submitted on 26 June 2024. The petition sought a directive compelling the authority to consider the representation on its merits. The Court examined its prior judgments on the duty of administrative bodies to adjudicate representations filed by aggrieved parties. Relying on those precedents, the Court held that the authority must not remain silent and must render a decision based on the merits of the case. Accordingly, the Court ordered Respondent No.3 to decide the representation within six weeks of receiving a copy of the order. The writ petition was thereafter disposed.

Issues considered

  • What duty does Respondent No.3 have to decide the representation filed by the petitioners on its merits?

Subjects

  • writ petition
  • representation
  • administrative law
  • decision on merits
  • High Court

Judgment

2026:BHC-AUG:42630-DB


                                                   {1}                  66-wp-12100-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     66 WRIT PETITION NO. 12100 OF 2026

                            Rameshwar Sheshrao Sagade And Others
                                             VERSUS
                               The State Of Maharashtra And Others
                                                ...
              Mr. Shubham Jayabhar h/f Mr. Dattatraya R. Jayabhar, Advocate for the
              Petitioner
              Mr. V.M. Kagne, AGP for State
                                              .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                             DATE : 15th SEPTEMBER, 2026
              PER COURT :

              1.       The Writ Petition is disposed of by directing Respondent No. 3 to

              decide representation         of the petitioners dated 26.06.2024, if not

              already decided, on its own merit and in the light of decisions rendered

              by this Court from time to time on this issue, within a period of six

              weeks from the date of receipt of copy of this order.



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




              Bhagyawant Punde


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.