Bombay High Court

GAJANNAN NAYABRAO MOGALversusTHE UNION OF INDIA AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The Court directed the respondents to decide the petitioner’s second appeal within two months.

Summary

The petitioner, Gajannan Nayabrao Mogal, filed a writ petition seeking a court direction for the Union of India and other respondents to decide a second appeal (dated 23‑12‑2024, bearing No. JC700772K) that he had filed, and to consider his claim for medical benefits under the applicable law. The petitioner argued that the appeal had been pending without decision, causing prejudice to his right to medical relief. Respondent counsel, Nitin T. Tribhuwan, waived service of notice and asserted that the appeal would be decided within six months. The Court examined whether it could issue a specific time‑bound directive to an administrative authority to dispose of a pending appeal. It held that the High Court may impose a reasonable time‑frame to ensure justice and prevent undue delay. Consequently, the writ petition was disposed of with an order directing the respondents to decide the second appeal within two months.

Issues considered

Whether the High Court can direct a government authority to decide a pending second appeal within a specified time‑frame.
Whether the petitioner is entitled to medical benefits under the relevant statutory provisions pending the decision of the appeal.

Subjects

writ petition
second appeal
direction
medical benefits
administrative delay
high court

Judgment

                                1                       937wp1622.2026.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                937 WRIT PETITION NO. 1622 OF 2026

                       Gajannan Nayabrao Mogal
                                 VERSUS
                     The Union Of India And Others
                                   ...
Mr. Nanabhau R. Thorat - Advocate for the Petitioner
Mr. Nitin T. Tribhuwan - Advocate for Respondent Nos. 1 to 5
                                   ...

                          CORAM :      SMT. VIBHA KANKANWADI
                                               AND
                                       HITEN S. VENEGAVKAR, JJ.

                          DATED :      17TH FEBRUARY, 2026

PER COURT : -

1.           The present petition has been filed seeking direction to

Respondent-authority to decide Second Appeal dated 23/12/2024

bearing no. JC700772K / Pen / DP / 2 nd Appeal filed by the Petitioner,

and further direct to consider the claim of the petitioner or provide the

medical benefits as per the provision of law.


2.           Mr. Nitin T. Tribhuwan, learned Advocate waives service of

notice on behalf of Respondent Nos. 1 to 5. Since the matter is pending

before the Respondents, Mr. Tribhuwan, upon instructions, submits that

the said appeal will be decided within a period of six (6) months.


3.           The writ petition stands disposed of with a direction to

Respondents to decide the appeal preferred by the Petitioner within a
                                                         2                937wp1622.2026.odt

                             period of two (2) months.




                              [HITEN S. VENEGAVKAR]          [SMT. VIBHA KANKANWADI]
                                     JUDGE                            JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/02/2026 18:42:48

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