Bombay High Court
MAHADEV GANPATI DEVKARversusTHE CHIEF EXECUTIVE OFFICER CIDCO AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court may direct the independent authority to decide the pending representation within a stipulated time, without expressing an opinion on its merits.
Summary
The petitioner, Mahadev Ganpati Devkar, filed a civil writ petition seeking a directive that the Chief Administrative Officer, Maharashtra Water Resources, CIDCO, decide a representation he submitted on 22 April 2026, which he alleges remains pending and affects his impending retirement. The respondents contended that the authority to which the representation was addressed is an independent body and not competent to decide the matter. The court examined whether it could issue a mandamus‑type direction to an independent administrative authority without adjudicating the merits of the representation. It held that the court may order the authority to consider the representation expeditiously, limiting its intervention to procedural direction only. Accordingly, the court directed the authority to decide the representation within two weeks and disposed of the petition without expressing any view on the substantive issues.
Issues considered
- Whether a High Court can issue a direction to an independent administrative authority to decide a pending representation under a writ petition.
- Whether such direction amounts to an intrusion into the merits of the representation.
Subjects
- writ petition
- administrative law
- mandamus
- direction to authority
- CIDCO
- retirement
- procedural order
Judgment
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
20:33:20
+0530
15-WP-6588-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO.6588 of 2026
Mahadev Ganpati Devkar ...Petitioner.
Versus
The Chief Executive Officer
CIDCO & Ors. ...Respondents.
__________
Mr Sanjiv Sawant, Advocate a/w Mr Heramb Kadam, and Mr Malhar
Bageshwar for the Petitioner.
MR VG Badgujar, AGP for the State.
Mr Priyansh Jain i/by Mr Sagar Shetty for Respondent No.1.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 15 MAY 2026.
(VACATION COURT)
P.C.:
1. Issue Notice. Mr Priyansh Jain waives service of notice on behalf of
Respondent No.1.
2. Rule. With the consent of the parties, heard forthwith.
3. The limited relief that the Petitioner is seeking is the decision of his
representation dated 22.4.2026 made to the Chief Administrative Officer,
Maharashtra Water Resources, CIDCO Bhavan, CIDCO, Belapur,
Mumbai. It is the grievance of the Petitioner that the said representation is
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not decided since 22.04.2026 and the Petitioner is due for retirement.
4. The learned Counsel for Respondent No.1, at the very outset,
would point out that the said Authority to whom the representation is
made is an independent Authority and according to him, on instructions,
is not the competent Authority to decide such representation.
5. Having this being pointed out, Mr Sawant, the learned Counsel
appearing on behalf of the Petitioner would insist that the representation
be decided by the said authority i.e. the Chief Administrative Officer,
Maharashtra Water Resources, CIDCO Bhavan, CIDCO, Belapur,
Mumbai.
6. Considering the above, as the prayer only relates to the decision of
the representation made to the said Authority, it would be just and
expedient to direct the said Authority to decide the representation of the
Petitioner dated 22.04.2026, as expeditiously as possible, preferably
within a period of two weeks from making of the same, to the said
Authority. The said representation will be decided on its own merits and
in accordance with the law.
7. It is made clear that we have not expressed any opinion either on
the merits nor on the preliminary issues/objections raised by the learned
Counsel for the Respondent, which will be appropriately decided by the
said Authority.
8. With the above observations, the Petition stands worked out and is
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15-WP-6588-2026.doc
accordingly disposed of.
9. All parties to act on an authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
Chitra Sonawane. Page 3 of 3
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