Bombay High Court

KAMALBAI MARUTI GHODKE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Court ordered the respondent to decide the stay application within two weeks and the revision within six months, after hearing the parties.

Summary

The petitioners filed a writ petition challenging the inaction of the Secretary, Revenue and Forest Department regarding a stay application filed in revision. The High Court examined whether the department had unreasonably delayed adjudicating the stay application and the revision. The Court found that the delay was unacceptable and that procedural fairness required a prompt decision with an opportunity of hearing. Consequently, the Court directed the respondent to decide the stay application within two weeks of receiving the order and to dispose of the revision within six months. The order also mandated that both decisions be made after hearing the concerned parties. The petition was thereafter disposed.

Issues considered

Whether the Secretary, Revenue and Forest Department should be compelled to decide the stay application in revision within a reasonable time
Whether the delay in deciding the revision violates principles of natural justice

Subjects

writ petition
stay application
revision
procedural delay
natural justice
administrative law
Revenue Department
Forest Department

Judgment

2026:BHC-AUG:43944-DB


                                                      *1*                        936


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                936 WRIT PETITION NO.12510 OF 2026

                                Kamalbai Maruti Ghodke And Others
                                              VERSUS
                      The State of Maharashtra Thr Its Secretary And Another
                                                 …..
                         Shri. Abhijit S. More, Advocate for the Petitioners
                        Shri. S. R. Wakale, AGP for the Respondent – State.
                                                 …..

                                      CORAM : NITIN B. SURYAWANSHI &
                                              ABASAHEB D. SHINDE, JJ.
                                      DATE : 24th SEPTEMBER 2026

                P. C. :-

                .          Writ Petition is disposed of by directing the Respondent
                No.1 – Secretary, Revenue and Forest Department, to decide the
                stay Application in Revision filed by the Petitioners within a
                period of two (2) weeks from the date of receipt of copy of this
                order.       The Respondent No.1 is further directed to decide the
                Revision within a period of Six (6) months thereafter. Needless
                to state that, the stay Application as well as the Revision be
                decided after giving opportunity of hearing to the concerned
                parties.




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


                GGP

Continue reading with your account

Checking your session…