Bombay High Court

RADHAKRISHNA RAJARAM GAIKWADversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Court held that the respondent must decide the petitioner’s complaint under the cited statutory provisions within six months.

Summary

The petitioner, RadhaKrishna Rajaram Gaikwad, filed a complaint on 29 April 2026 under Sections 10(1d) and 12 of the Maharashtra Municipal Corporations Act, 1949, seeking relief against the State of Maharashtra. The High Court was asked to determine whether the respondent authorities were required to decide the complaint within a reasonable time. The Court examined the statutory duty imposed by the cited sections and the need for prompt administrative action. It concluded that the respondent must adjudicate the complaint expeditiously. Accordingly, the Court directed the second respondent to decide the complaint within six months of receiving a copy of the order, thereby disposing of the writ petition.

Issues considered

Whether the respondent is obligated under Sections 10(1d) and 12 of the Maharashtra Municipal Corporations Act, 1949 to decide the petitioner’s complaint within a reasonable time

Legislation cited

Maharashtra Municipal Corporations Act, 1949 — s. 10(1d), 12

Subjects

Writ petition
Maharashtra Municipal Corporations Act
Section 10(1d)
Section 12
Administrative law
Expeditious decision

Judgment

2026:BHC-AUG:44048-DB


                                                1                  43-WP-12383-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12383 OF 2026

                               RADHAKRISHNA RAJARAM GAIKWAD
                                            VERSUS
              THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
                                         AND ANOTHER
                                              ...
              Mr. Lalitkumar S. Mahajan, Advocate for the Petitioner
              Mr. M. K. Goyanka, 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.2 to decide the complaint lodged by the petitioner on

              29/04/2026 under Sections 10(1d) and 12 of the Maharashtra

              Municipal Corporations Act, 1949, as expeditiously as possible and

              in any case within a period of six months from the date of receipt of

              copy of this order.



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




              SVH

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