Bombay High Court
BIMAL RAMGOPAL AGARWALversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Appellate Authority must decide the pending statutory appeal within three weeks of the order’s upload on the High Court website.
Summary
The petition arose because the Desk Officer of the Home Department, Government of Maharashtra, informed the Appellate Authority of a pending statutory appeal, but the Authority failed to respond. The petitioner sought a direction for the Authority to decide the appeal promptly. The High Court examined whether the Appellate Authority was obligated to act on the pending appeal. The Court held that the Authority must decide the appeal within a reasonable time and issued a specific deadline. Consequently, the petition was disposed with an order directing the Authority to decide the appeal within three weeks of the order’s upload.
Issues considered
- Whether the Appellate Authority is required to decide a pending statutory appeal within a reasonable time after being notified.
Subjects
- writ petition
- appellate authority
- statutory appeal
- delay
- direction
- administrative law
Judgment
KSG 4-WP-4585-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4585 OF 2026
Bimal Ramgopal Agarwal … Petitioner
V/s.
State of Maharashtra & Ors … Respondents
_______________________________________
Dr. Abhinav Chandrachud i/b Mr. Khan Javed Akhtar for the Petitioner.
Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State.
Mr. Yashwant Thorat, Assistant Section Officer, Home Department, State of
Maharashtra.
Mr. Mangesh Chavan, A.C.P., attached to Commissioner Office, Mumbai.
Mr. R.G. Gujar, P.S.I. attached to Malad Police Station, Mumbai.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 30th SEPTEMBER, 2026
P.C. :
1) Record indicates that, Desk Officer, Home Department,
Government of Maharashtra, has already informed the Appellate Authority
about the fact of pendency of Appeal of the Appellant and hearing to be
effected on that. However, office of the Appellate Authority has not reverted
back to the concerned Officer.
2) In view thereof, we direct the Appellate Authority to decide the
Digitally
statutory Appeal of the Appellant within a period of three weeks from the
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.10.05
date of uploading of the present Order on the official website of High Court
15:22:15
+0530
of Bombay.
3) Petition is disposed off in the aforesaid terms.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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