Bombay High Court
DARGAH HAZRAT GAIB SHAH WALI SAYYED SADAT THR ITS MUTAWALLI SHAHIN S PATHANversusTHE STATE OF MAHARASHTRA THR MINORITY WELFARE DEPT AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court ordered the State's Minority Welfare Department to decide the pending applications on their merits within four weeks.
Summary
The Dargah Hazrat Gaib Shah Wali Sayyed Sadat (RH), represented by its Mutawalli Shahin Salim Pathan, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the State of Maharashtra and its Minority Welfare Department for not deciding two pending applications dated 19 November 2011 and 21 August 2024. The petitioner alleged that the prolonged inaction violated its right to a timely decision and amounted to administrative negligence. The Court examined whether the delay infringed the principles of natural justice and the statutory duty of the department to adjudicate applications within a reasonable time. Relying on the need for expeditious justice, the Court held that the respondents must decide the pending applications on their merits without further delay. Consequently, the petition was disposed of with an order directing the respondent to render a decision within four weeks of receiving the order.
Issues considered
- What legal consequences arise from the State's failure to decide pending applications within a reasonable time?
Subjects
- writ petition
- administrative delay
- minority welfare
- pending applications
- right to speedy justice
- Bombay High Court
Judgment
2026:BHC-AUG:42700-DB
1 65.WP.12172.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12172 OF 2026
DARGAH HAZRAT GAIB SHAH WALI SAYYED SADAT (RH).
THROUGH ITS MUTAWALLI SHAHIN SALIM PATHAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH
MINORITY WELFARE DEPT AND OTHERS
...
Advocate for the Petitioner : Mr. Vakil Afzal Husain M.
Government Pleader for Respondent/State : Mr. A.B. Girase
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16.09.2026
PER COURT:
Writ petition is disposed of by directing respondent No. 2 to
decide the pending application of the petitioner dated 19.11.2011 and
21.08.2024, if not already decided, on their own merits, within a
period of four (4) weeks from the date of receipt of a copy of this
order.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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