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Bombay High Court

SHEKHAR G. SARAF AND ORSversusTHE STATE OF MAHARASHTRA , ADDL CHIEF SEC (U.D-1) URBAN DEV. DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court may direct the Competent Authority to consider and decide the representation within six weeks, without expressing any view on its merits.

Summary

The petitioners, Shekhar G. Saraf & Ors., filed a writ petition seeking a directive that the Competent Authority consider and decide their representation dated 9 May 2025. The respondents, the State of Maharashtra and others, opposed the relief. The Court examined whether it could issue a procedural direction without adjudicating the merits of the representation. It held that the petition was confined to seeking such a direction and therefore the Court could order the authority to decide the representation within six weeks. No observations were made on the substantive merits of the parties' contentions. Accordingly, the Court directed the Competent Authority to consider the representation and disposed of the petition.

Issues considered

  • Whether the High Court can direct a Competent Authority to consider and decide a representation within a specified time period
  • Whether the Court may limit its intervention to a procedural direction without addressing the merits of the representation

Subjects

  • writ petition
  • competent authority
  • representation
  • procedural direction
  • high court jurisdiction
  • Maharashtra

Judgment

                             PDP                                                          4-WP-443-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
          by PRAVIN
                                               CIVIL APPELLATE JURISDICTION
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2026.09.10
          11:00:08 +0530
                                                 WRIT PETITION NO. 443 OF 2026

                             Shekhar G. Saraf & Ors.                     .. Petitioners

                                          Vs.

                             The State of Maharashtra & Ors.             .. Respondents
                                                                ...
                             Mr. Sagar Joshi for the Petitioners.
                             Ms. Neha S. Bhide, Government Pleader a/w Mr. B. V. Samant, Addl.
                             Govt. Pleader and Ms. R. M. Shinde, AGP for Respondent Nos.1 and 2.
                                                                ...

                                          CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                 ADVAIT M. SETHNA, J.

                                          DATE      : 9th SEPTEMBER, 2026.

                             P.C. :

                             1.    As the petition is confined to the relief of directing the Competent
                             Authority to consider and decide the representation of the petitioners dated
                             9th May, 2025 (Annexure “E” to the Petition), let the Competent Authority
                             consider the said representation and take a final decision thereon within a
                             period of six weeks from today. The learned Government Pleader has no
                             objection.

                             2.    Such representation may be decided on its own merits and in
                             accordance with law. We clarify that we have made no observations
                             on merits of the rival contentions of parties, which are kept open.

                             3.    In view of the above, Writ Petition is disposed of.



                             [ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]
                                                                  1


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