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/
Checking your session…