Bombay High Court
SHIRISH TUKARAM DAWAKHARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS
- Disposal
- DISPOSED OFF
Holding
Respondent No. 4 must decide the petitioner’s proposal without referring to the specified Government Resolutions and notification, in accordance with the Sandhya Balkrushna Teli decision.
Summary
Shirish Tukaram Dawakhar filed a writ petition challenging the State of Maharashtra and others, seeking a directive that Respondent No. 4 decide his proposal dated 5 March 2025 without reference to certain Government Resolutions dated 29 April 2024 and 3 October 2024, nor the notification dated 13 November 2025. The petition relied on the earlier decision in Sandhya Balkrushna Teli v. State of Maharashtra (2021) for guidance. The High Court examined whether the earlier judgment required the respondent authority to disregard the later resolutions and notification while adjudicating the proposal. The Court held that, in line with the precedent, the respondent must decide the proposal without referring to the cited resolutions and notification. Accordingly, the Court ordered Respondent No. 4 to decide the proposal within eight weeks of receipt of the order, thereby disposing of the writ petition.
Issues considered
- Whether Respondent No. 4 is required to decide the petitioner’s proposal dated 5 March 2025 without reference to the Government Resolutions of 29 April 2024 and 3 October 2024 and the notification of 13 November 2025.
- In what manner the decision in Sandhya Balkrushna Teli v. State of Maharashtra (2021) applies to the present petition.
Subjects
- writ petition
- administrative law
- government resolutions
- precedent
- direction to authority
- High Court of Bombay
Judgment
2026:BHC-AUG:42641-DB
{1} 29-wp-12348-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
29 WRIT PETITION NO. 12348 OF 2026
Shirish Tukaram Dawakhar
VERSUS
The State Of Maharashtra And Others
...
Mr. Ramesh Wakade, Advocate for the Petitioner
Mrs. Saie Joshi, 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. 4 to
decide the proposal of the petitioner dated 05.03.2025 without
referring to the Government Resolutions dated 29.04.2024,
03.10.2024 so also notification dated 13.11.2025 and in the light of
decision of this Court in Sandhya Balkrushna Teli and Others vs. The
State of Maharashtra and Others, 2021(4) Mh.L.J. 465. Said decision
shall be taken within eight weeks from the date of receipt of copy of
this order.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
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