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Bombay High Court

KISHANRAO GANPATRAO AWARDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court directed Respondent No.2 to decide the representation dated 19 January 2016 in accordance with law.

Summary

Petitioner Kishanrao Ganpatrao Awarde filed a writ petition seeking a court direction to Respondent No.2 to decide a representation he made on 19 January 2016, which was received by the respondent on 20 January 2016. The petitioner limited his prayer to this specific direction. The Court examined whether it could compel the administrative authority to act on the pending representation. Finding no legal impediment, the Court ordered Respondent No.2 to decide the representation in accordance with law, emphasizing that the decision must be based solely on the legal position. The petition was thereafter disposed.

Issues considered

  • Whether the High Court can direct Respondent No.2 to decide the representation dated 19.01.2016.
  • Whether the pending representation violates any statutory or procedural requirement requiring judicial intervention.

Subjects

  • writ petition
  • representation
  • administrative direction
  • high court order
  • procedural compliance

Judgment

2026:BHC-AUG:39937-DB

                                                                               52-WP.6787.2017.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                                  52 WRIT PETITION NO. 6787 OF 2017
                                     Kishanrao Ganpatrao Awarde
                                                VERSUS
                                The State of Maharashtra And Others
                                                   ...
                Mr. Vinay R. Deore h/f. Mr. V. R. Bhumkar, Advocate for the Petitioner.
                Mr. S. R. Yadav-Lonikar, AGP for Respondent No.1-State.
                Mr. P. L. Shahane, Advocate for Respondent Nos.2 & 3.
                                                   ...
                                                 CORAM : KISHORE C. SANT &
                                                           JITENDRA JAIN, JJ.
                                                   DATE      : 31st AUGUST, 2026
                PER COURT :
                1.       After arguing for some time, learned Advocate for the

                Petitioner restricts his prayer to seeking directions to Respondent

                No.2 to decide representation dated 19.01.2016 made by the

                Petitioner which was received by Respondent No.2 on 20.01.2016.

                2.       Considering above, we dispose of the petition by directing

                Respondent No.2 to decide the representation dated 19.01.2016

                made by the Petitioner which was submitted to Respondent No.2 on

                20.01.2016 in accordance with law.

                3.       With this, petition stands disposed off.

                4.       Needless to say, the representation shall be decided solely on

                the basis of legal position and without being influenced by any

                observations made in this order.


                 (JITENDRA JAIN, J.)                                (KISHORE C. SANT, J.)
                Sayyed                                                                               1/1


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