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Bombay High Court

HARSHVARDHAN BALIRAM TAYADE AND ORS.versusTHE STATE OF MAHARASHTRA THR. THE SECRETARY AND ORS.

Disposal
DISPOSED OFF

Holding

The Court directed the Chief Executive Officer to decide the petitioners' representations on its merits, after hearing, within eight weeks, in accordance with the Government Resolution.

Summary

The petitioners Harshvardhan Baliram Tayade and others filed a writ petition seeking a decision on their representations dated 21 October 2024 and 13 April 2026 submitted to the Chief Executive Officer (respondent No.5). They claimed the CEO had not acted despite a Government Resolution dated 18 April 2023 governing such matters. The State of Maharashtra, represented by the Secretary, opposed the petition. The Court examined whether the CEO was bound to decide the representations on their merits, afford a hearing, and comply with the resolution within a reasonable time. Relying on principles of natural justice and administrative duty, the Court held that the CEO must decide the representations. Consequently, the petition was disposed with a direction to the CEO to decide within eight weeks of receipt of the order.

Issues considered

  • Whether the Chief Executive Officer is required to decide the petitioners' representations, considering the Government Resolution, and to do so within a reasonable time after granting a hearing

Subjects

  • writ petition
  • administrative law
  • government resolution
  • representation
  • natural justice
  • direction to government officer
  • timely decision

Judgment

2026:BHC-AUG:25930-DB
                                            1                           946.WP.6867.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             946 WRIT PETITION NO. 6867 OF 2026

                        HARSHVARDHAN BALIRAM TAYADE AND ORS.
                                             VERSUS
                THE STATE OF MAHARASHTRA THR. THE SECRETARY AND ORS.
                                                ...
                       Advocate for the Petitioners : Mr. Yogesh B. Bolkar
                         AGP for Respondents/State : Mr. S.K. Tamble
                      Advocate for respondent Nos.5 to 7 : Mr. S.R. Dheple
                                                ...
                                 CORAM          : NITIN B. SURYAWANSHI AND
                                                    ABASAHEB D. SHINDE, JJ.


                                   DATE           : 02.07.2026

             PER COURT:

                          The writ petition is disposed of by directing the respondent

             No.5 – Chief Executive Officer, to take decision on the representations

             of the petitioners dated 21.10.2024 and 13.04.2026, if not already

             decided, by taking into consideration Government Resolution dated

             18.04.2023, on its own merits and after giving an opportunity of

             hearing to the petitioners, within a period of eight (8) weeks from the

             date of receipt of copy of this order.




             (ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)


             habeeb/


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