Bombay High Court

BHAGWAT SARJERAO SHIRSAT AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

Respondent No.2 must decide the representation on its merits within eight weeks of the order.

Summary

The petitioners filed a writ petition alleging that their representation dated 2 April 2018, seeking rental compensation under Government Circulars of 1 December 1972 and 2 April 1979, had not been decided by Respondent No.2. The Court examined whether the respondent was obligated to decide the pending representation. Relying on principles of administrative law and the need for timely adjudication, the Court directed Respondent No.2 to decide the matter on its merits within eight weeks of receiving the order. No substantive merits of the compensation claim were addressed; the focus was on procedural compliance. Consequently, the writ petition was disposed of with the said direction.

Issues considered

Whether Respondent No.2 is required to decide the petitioners' representation seeking rental compensation within a reasonable time

Subjects

rental compensation
government circulars
writ petition
administrative law
delay in decision

Judgment

                                 1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD.

                913 WRIT PETITION NO.5527 OF 2019

Bhagwat Sarjerao Shirsat and Others                      ..Petitioners
      Versus
The State of Maharashtra and Others                      ..Respondents
                                …..
Shri. Rajendra S. Kasar, Advocate for the Petitioners
Shri. M. K. Goyanka, AGP for the State.
                                   …..

                            CORAM :     N. B. SURYAWANSHI AND
                                        VAISHALI PATIL – JADHAV, JJ.
                            Dated     : MARCH 18, 2026

PER COURT :-

.     The grievance of the Petitioners is that their representation dated
02.04.2018 seeking rental compensation as per the Government
Circulars dated 01.12.1972 and 02.04.1979 is still not decided by
Respondent No.2.

2.    If the representation of the Petitioners is not already decided,
Respondent No.2 shall decide the same on its own merits, in accordance
with law, within a period of eight (8) weeks from the date of receipt of
writ of this order. With this direction, the Writ Petition stands disposed
of.




(VAISHALI PATIL-JADHAV, J.)                 (N. B. SURYAWANSHI, J.)


GGP

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