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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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