Bombay High Court
KASHMIRA TEHMURASP PATELversusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA)
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court ordered MHADA to decide the petitioners' representation within six weeks and disposed the petition without considering its merits.
Summary
The petitioners, Kashmira Tehmurasp Patel and another, filed a writ petition seeking an expeditious decision on a representation they submitted to the Maharashtra Housing & Area Development Authority (MHADA) on 28 March 2023. They argued that a prompt decision on the representation would satisfy their reliefs at this stage. MHADA contended that the representation would be decided in accordance with its policy. The Court, after hearing counsel, directed MHADA to decide the representation within six weeks from the date of the order, emphasizing that the merits of the petition were not being considered. The Court left all contentions of the parties open and indicated that the petitioners could approach the Court again if dissatisfied with the decision on the representation. Consequently, the petition was disposed of without a substantive merits hearing.
Issues considered
- Whether the Court should direct the respondent authority to decide the petitioners' representation expeditiously?
- Whether the petition can be disposed without adjudicating on the merits of the petitioners' substantive claims?
Subjects
- representation
- expeditious decision
- administrative law
- writ petition
- High Court of Bombay
- MHADA
Judgment
Digitally
signed by
RUPALI 69-WP-4197-2024.doc
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.09.03
18:01:36 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4197 OF 2024
Kashmira Tehmurasp Patel & Anr. ...Petitioners
Versus
The Maharashtra Housing & Area Development
Authority (MHADA) & Ors. ...Respondents
Mr. Sagar Batavia i/b Mr. Bommer Limbadri for the Petitioners.
Mr. P.G.Lad a/w Ms. Sayali Apte & Mr. Muralidharan Kalathil for the
Respondent - MHADA.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
DATE : 31st AUGUST, 2026
P.C. :
1. There are various reliefs sought by the petitioners in this
petition. However, learned Counsel for the petitioners has argued
today that they would be satisfied at this stage if the Representation
dated 28th March, 2023 which they have made to the respondents, is
decided expeditiously. The said Representation is at ‘Exhibit – U’ to
this petition.
Wakodikar 1/2
69-WP-4197-2024.doc
2. Learned Counsel appearing for the MHADA states that the
said Representation will be decided as per the policy.
3. In light of the fair submissions made by the learned
Counsel appearing for MHADA, we direct the MHADA to decide the
Representation made by the petitioners on 28 th March, 2023, as
expeditiously as possible, preferably within a period of six weeks
from today.
4. Needless to state that we have not considered the case of
the petitioners on merits. All contentions of all parties are kept open.
5. The petitioners are at liberty to file an appropriate
proceeding in case they are not satisfied with the decision on the
Representation by the respondents.
6. Petition is accordingly disposed of.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Wakodikar 2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.