Bombay High Court
AWADHESH JHAversusTHE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEP.
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the State to decide the pending representations under Section 448 within three months, thereby granting the relief sought.
Summary
Awadhesh Jha filed a writ petition seeking a mandamus directing the State of Maharashtra to consider and decide his representations filed under Section 448 of the Maharashtra Municipal Corporation Act, 1949, which had remained pending since 2019-2023. The petitioner alleged undue delay and requested a time‑bound order for a reasoned decision. The Court, without delving into the merits, issued a direction to the concerned municipal authorities to decide the pending representations expeditiously, preferably within three months from the date of the order. The direction also implied that the decision must be communicated to the petitioner. Consequently, the writ petition was disposed of following the issuance of the directive.
Issues considered
- Whether the State of Maharashtra is liable to be directed to decide pending representations filed under Section 448 of the Maharashtra Municipal Corporation Act, 1949 within a specified time‑frame.
Legislation cited
Subjects
- writ of mandamus
- Section 448
- Maharashtra Municipal Corporation Act
- administrative delay
- municipal authority
- expeditious decision
Judgment
25-wp-5744-26.doc
INGALE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
by URMILA
URMILA PRAMOD
INGALE
PRAMOD Date:
INGALE 2026.09.17
12:09:09
+0530 WRIT PETITION NO. 5744 OF 2026
Awadhesh Jha ...Petitioner
Versus
The State of Maharashtra ...Respondent
...
Mr. Awadhesh Jha, Petitioner appears in person through VC.
Mrs. Neha S.Bhide, GP a/w Mr. O.A.Chandurkar, Addl. GP and
Dr. Dhruti M. Kapadia, AGP, for the Respondent No.1-State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ.
& ADVAIT M. SETHNA, J.
DATE : 16th SEPTEMBER, 2026
P.C.:
1. Heard Mr. Awadhesh Jha, the Petitioner who
appears in-person through Video Conferencing and Ms.Bhide
learned GP appearing for the Respondent No.1-State.
2. The instant writ petition is preferred, inter alia, for
the following reliefs :-
(a) Issue a writ of mandamus or any other appropriate writ, order
or direction directing the Respondent to forthwith consider and
decide the Petitioner's representation(s) submitted under Section
448 of the Maharashtra Municipal Corporation Act, 1949, by
exercising the statutory powers vested therein, and to pass a
reasoned and speaking order, strictly in accordance with law,
within a time-bound period of four weeks, or within such shorter or
further period as this Hon'ble Court may deem fit in the facts and
circumstances of the case;
25-wp-5744-26.doc
b. Further direct Respondent, while deciding the said
representation(s), to take a conscious decision on the exercise of
powers under Section 448 of the Mumbai Municipal Corporation
Act, 1949, including issuance of appropriate directions to the
concerned Municipal Authorities or taking such measures as are
contemplated under the said provision;
c. Direct that the decision so taken be communicated to the
Petitioner forthwith.”
3. The Petitioner submitted that the he has filed
several complaints/representations during the year 2019-2023
under Section 448 of the Maharashtra Municipal Corporation
Act, 1949. The said representations have not been considered
and/or decided till date. Hence, the Petitioner has invoked the
jurisdiction of this Court. He submits that Respondent-State
be directed to decide the said complaints/representations
expeditiously and in accordance with law.
4. Without adverting to the merits of the case, with
consent of the parties, we dispose of the Petition with a
direction to the concerned authorities of the Respondent to
decide the complaints/ representations filed by the Petitioner
expeditiously and preferably within a period of three months
from today.
25-wp-5744-26.doc
5. With the aforesaid direction, the writ petition is
disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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