Bombay High Court

SHAIKH NASER SHAIKH HASANversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Tahsildar must decide the pending applications on their merits within eight weeks of receipt of the Court’s order.

Summary

The petitioner, Shaikh Naser Shaikh Hasan, filed applications with the Tahsildar on 28 July 2025 and 13 April 2026, which remained undecided despite directions from a higher authority. The petitioner approached the Bombay High Court seeking enforcement of those directions. The Court examined whether the Tahsildar was obligated to decide the pending applications within a reasonable time. It held that the Tahsildar must act on the applications on their merits and cannot remain idle after higher‑authority instructions. Accordingly, the Court ordered the Tahsildar to decide the applications within eight weeks of receiving the order, and disposed of the writ petition.

Issues considered

Whether the Tahsildar is bound to decide the petitioner’s applications within a reasonable time after higher‑authority directions.

Subjects

writ petition
administrative delay
Tahsildar
higher authority direction
court order

Judgment

2026:BHC-AUG:43271-DB


                                                         *1*                          53.


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 53 WRIT PETITION NO.12282 OF 2026

                                   Shaikh Naser Shaikh Hasan
                                             VERSUS
                The State Of Maharashtra Thr Its Principal Secretary And Others
                                               …..
                      Shri. Mahesh V. Ghatge, Advocate for the Petitioner
                        Shri. S. R. Wakale, AGP for Respondent – State.
                                               …..
                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 22nd SEPTEMBER 2026

                P. C. :-

                .          In spite of the directions issued by the Higher Authority
                directing Respondent No.3 – the Tahsildar to decide the
                Applications / Representations of the Petitioner, till date no
                decision is taken. The Petitioner is, therefore, constrained to
                approach this Court.

                2.         Having regard to the above, Writ Petition is disposed of by
                directing Respondent No.3 - the Tahsildar to decide the
                Applications       /   Representations     of   the   Petitioner   dated
                28.07.2025 and 13.04.2026 on its own merits within a period of
                eight (8) weeks from the date of receipt of copy of this order.




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


                GGP

Continue reading with your account

Checking your session…