Bombay High Court
VINOD EKNATH KAKAD AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the statement by respondent No.6 amounted to a binding undertaking and therefore directed it to decide the representations within six months.
Summary
Petitioners Vinod and Anita Kakad filed a writ petition seeking a direction to the Chief Executive Officer of Zilla Parishad, Sambhajinagar (respondent No.6) to decide the representations they had filed. The State respondents waived notice, and respondent No.6, through its advocate, undertook to decide the representations within six months from the date of the order. The Court treated this statement as a binding undertaking. Accordingly, the Court directed respondent No.6 to dispose of the representations within the stipulated six‑month period. The petition was disposed with the said direction.
Issues considered
- Whether the statement made by respondent No.6 constitutes a binding undertaking enforceable by the Court
- Whether the Court can direct a specific time‑frame for the decision of representations filed by the petitioners
Subjects
- writ petition
- direction
- administrative undertaking
- time limit
- representation
- public authority
Judgment
2026:BHC-AUG:10663-DB
13-wp-473-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
13 WRIT PETITION NO.473 OF 2026
1. Vinod Eknath Kakad
Age: 40 years, Occu.: Service,
R/o. Flat No.4, Dishananbhagan Society,
Tukoba Nagar, N-4, Cidco,
Chh. Sambhajinagar.
2. Anita Jagannath Dighole (Kakad)
Age: 40 years, Occu.: Service,
R/o. Flat No.4, Dishananbhagan Society,
Tukoba Nagar, N-4, Cidco,
Chh. Sambhajinagar. .. Petitioners
Versus
1. The State of Maharashtra
Through its Secretary,
School Education & Sports
Department, Mantralaya,
Mumbai.
2. The State of Maharashtra
Through its Secretary,
Rural and Water Conservation
Department, Mantralaya, Mumbai.
3. The Director of Education Primary
Maharashtra State, Pune.
4. The Divisional Commissioner (Revenue)
Taluka and District Chh. Sambhajinagar.
5. The Chief Executive Officer,
Zilla Parishad, Chh. Sambhajinagar.
6. The Education Officer (Primary),
Zilla Parishad, Chh. Sambhajinagar. .. Respondents
...
Mr. S. G. Munde, Advocate for the Petitioners.
Mrs. P. V. Diggikar, AGP for Respondent/State.
Mr. P. R. Nangare, Advocate for Respondent Nos.5 and 6.
...
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13-wp-473-2026.odt
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 09 MARCH 2026
ORDER :
. Present petition has been filed for directions to respondent No.6 to
decide the representations filed by the petitioners within stipulated
period.
2 Learned AGP waives notice for respondent Nos.1 to 4/State.
Learned Advocate Mr. P. R. Nangare waives notice for respondent Nos.5
and 6 and upon instructions from respondent Nos.6 makes a statement
that respondent No.6 would decide the representations filed by the
petitioners within a period of six months from today.
3. We take the said statement as undertaking and dispose of the writ
petition by giving directions to respondent No.6 to decide the
representations filed by the petitioners within a period of six months
from today.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
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