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Bombay High Court

SUBHASH MOTIRAM AADE AND ANOTHERversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that respondent No.8 must decide the petitioners' representations on their merits within eight weeks.

Summary

Subhash Motiram Aade and another filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the failure of the State of Maharashtra's respondent No.8 to consider their representations dated 14 July 2025 and 23 March 2026. The petitioners contended that the non‑consideration violated principles of natural justice and the applicable Government Policy. The Court examined whether the administrative authority was bound to decide the representations on their merits. Finding that the authority must adjudicate the representations, the Court directed respondent No.8 to decide them in light of the Government Policy and its own precedents. The petition was disposed by ordering the decision to be rendered within eight weeks of receipt of the order.

Issues considered

  • What is the duty of the administrative authority to decide representations filed by aggrieved parties under principles of natural justice and Government Policy?

Subjects

  • writ petition
  • representation
  • natural justice
  • administrative law
  • Maharashtra
  • High Court

Judgment

2026:BHC-AUG:44552-DB


                                                  1                36-WP-12375-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12375 OF 2026

                            SUBHASH MOTIRAM AADE AND ANOTHER
                                             VERSUS
              THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY
                                           AND OTHERS
                                                 ...
              Mr. Harish S. Bali, Advocate for the Petitioner
              Mr. V. M. Kagne, AGP for Respondents/State
                                                 ...

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 23rd SEPTEMBER, 2026

              PER COURT :

              .            The writ petition is disposed of by directing respondent

              No.8 to decide the representations of the petitioners dated

              14/07/2025 and 23/03/2026, if not already decided, on their own

              merits, in the light of the Government Policy and decisions of this

              Court on the said point, within a period of eight weeks from the date

              of receipt of copy of this order.



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




              SVH


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