Bombay High Court

OMPRAKASH KASHIRAM SAINI AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The Court directed the Collector to decide the reference application within eight weeks, accepting the advocate’s undertaking.

Summary

The petitioners filed a writ petition seeking a court direction to the Collector of Jalgaon to decide a reference application filed under Section 3G(5) of the National Highway Act and the Arbitration and Conciliation Act, 1966. The respondents waived service of notice, and the Collector’s counsel undertook to decide the reference within eight weeks. The Court accepted this undertaking as sufficient and ordered the Collector to render a decision within the stipulated period. No substantive examination of the merits of the reference application was made. The writ petition was disposed of by directing the time‑bound decision.

Issues considered

Whether the High Court can issue a mandatory direction to a government authority to decide a reference application within a specified time frame

Legislation cited

Arbitration and Conciliation Act, 1966
National Highway Act — s. 3G(5)

Subjects

writ petition
reference application
National Highway Act
Arbitration and Conciliation Act
administrative law
time‑bound decision

Judgment

                                 1                     908WP196.2026.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                   908 WRIT PETITION NO. 196 OF 2026
                Omprakash Kashiram Saini And Another
                                  VERSUS
       The State Of Maharashtra Through Its Secretary And Others
                                   ...
Mr. Dipesh D. Pande - Advocate for the Petitioner
Mr. V. M. Kagne - AGP for Respondent No. 1 / State
Mr. Avinash R. Borulkar - Advocate for Respondent Nos. 2 and 3
None for Respondent No. 4
                                   ...

                             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 No. 2 – Collector, Jalgaon, District Jalgaon, to decide the

Reference Application submitted under Section 3 G (5) of the National

Highway Act and the Arbitration and Conciliation Act, 1966, as

expeditiously as possible.


2.           Learned AGP waives service of notice for Respondent No. 1

and Mr. Avinash R. Borulkar, waives service of notice for Respondent

Nos. 2 and 3.


3.           Since the matter is pending before Respondent No. 2,

learned Advocate Mr. Avinash R. Borulkar, upon instructions, submits

that the said Reference Application will be decided within a period of

eight (8) weeks.
                                                           2                        908WP196.2026.odt

                             4.          We take the statement made by learned Advocate

                             Mr. Borulkar as an undertaking and dispose of the writ petition by

                             directing Respondent No. 2 to decide the Reference Application within a

                             period of eight (8) weeks.




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




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 20/02/2026 10:34:28

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