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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

Chitra Sonawane.                                                                                     Page 1 of 3
                                                                              15-WP-6588-2026.doc


                   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
Chitra Sonawane.                                                                        Page 2 of 3
                                                                                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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