Bombay High Court

SACHIN NAMDEO SARKATE AND OTHERSversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court may direct the respondent authority to decide the representation on its merits in accordance with the earlier order.

Summary

The petitioners filed a writ petition seeking a direction to the State of Maharashtra to decide a representation dated 19 January 2026, referring to an earlier order of this Court in Writ Petition No.12920 of 2025. The petition raised a simple, innocuous prayer for administrative action. The Court examined whether it could compel the respondent authority to act on the representation in light of its prior judgment. Finding no impediment, the Court directed the respondent to decide the representation on its merits, consistent with the earlier order, within eight weeks of receiving the order. The direction was issued jointly by the two judges.

Issues considered

Whether the High Court can direct the State authority to decide a representation in light of its earlier order

Subjects

writ petition
representation
administrative direction
High Court of Bombay
innocuous prayer

Judgment

2026:BHC-AUG:44297-DB


                                                 *1*                   915-wp-12489-2026


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               915 WRIT PETITION NO. 12489 OF 2026

                               Sachin Namdeo Sarkate And Others
                                           VERSUS
                     The State Of Maharashtra Through Secretary And Others
                                               ...
                Mr. Azizoddin R. Syed, Advocate for the Petitioner
                Ms. N. B. Kamble, AGP for Respondents/State
                                               ...
                                   CORAM : NITIN B. SURYAWANSHI &
                                            ABASAHEB D. SHINDE, JJ.
                                   DATE : 24th SEPTEMBER 2026
                P. C. :-

                1.        Learned Advocate for the petitioner seeks leave to place
                on record copy of the representation dated 19.01.2026.


                2.        By this Writ Petition, the petitioner seeks direction to
                Respondent No.1 to decide the representation dated 19.01.2026
                in the light of order passed by this Court in Writ Petition
                No.12920 of 2025.


                3.        Since an innocuous prayer is made, we direct Respondent
                No.1 to decide the said representation on its own merits and in
                the light of order passed by this Court in Writ Petition No.12920
                of 2025 within a period of eight (08) weeks from the date of
                receipt of copy of this order.




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

                Narwade

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