Bombay High Court
POPAT RAMNATH THORAT AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed Respondent No.3 to decide the Section 36‑A application within two months, treating the respondent’s undertaking as enforceable.
Summary
The petitioners filed a writ petition seeking a court direction for Respondent No.3 to decide an application filed under Section 36‑A on 12‑Nov‑2020. The Attorney General for the respondents waived service of notice and, on behalf of Respondent No.3, undertook to decide the application within three months. The Court treated this undertaking as a binding promise. While the respondents asked for the three‑month period, the Court ordered Respondent No.3 to dispose of the pending application within two months from the date of the order. The petition was therefore disposed with a specific time‑bound direction.
Issues considered
- Whether the Court can compel Respondent No.3 to decide the pending Section 36‑A application within a specified time
Subjects
- writ petition
- Section 36-A
- court direction
- undertaking
- time‑bound order
- administrative delay
Judgment
2026:BHC-AUG:12373-DB
946-WP-2419-26.odt
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
946 WRIT PETITION NO. 2419 OF 2026
Popat Ramnath Thorat And Others
VERSUS
The State Of Maharashtra And Others
......
Mr. Swanand Lathkar, Advocate h/f Mr. S.P. Shah, Advocate for
Petitioners
Mr. Abhijit M. Phule, AGP for Respondents No.1 to 3
......
CORAM : SMT. VIBHA KANKANWADI AND
HITEN S. VENEGAVKAR, JJ.
DATE : 18 MARCH, 2026
PER COURT :-
1. Present petition has been filed for direction to respondent No.3
to decide the application of the petitioner made under Section 36-A
dated 12.11.2020.
2. Learned AGP waives service of notice for all the respondents,
and upon instructions from respondent No.3, makes a statement that
the said application would be decided within a period of three (3)
months. The said statement is taken as undertaking.
3. Though the learned AGP requested for three months’ time to
decide the said application, we dispose of the writ petition by directing
respondent No. 3 to decide the application dated 12.11.2020 within a
period of two (2) months from today.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
S P Rane
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