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Bombay High Court

KALPANA DIGAMBAR WALKEversusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the respondent must decide on the petitioners' proposals on its merit within six weeks of the order.

Summary

Petitioners Rushikesh Ashok Jadhav and Smt. Kalpana Digambar Walke filed writ petitions before the Bombay High Court seeking a decision on proposals they submitted on 24 March 2023. The respondents, the State of Maharashtra and its officials, had not yet ruled on these proposals. The petitioners contended that the delay violated their right to a timely decision and due process. The Court examined whether the respondents were obligated to consider and decide the proposals on their merits. Finding no substantive reason for further delay, the Court directed the respondent to decide the proposals within six weeks of receiving the order, after hearing the petitioners. The writ petitions were consequently disposed of.

Issues considered

  • What duty does the State have to decide on the petitioners' proposals submitted on 24/03/2023?
  • Whether the delay in decision infringes the petitioners' right to a fair hearing under constitutional principles?

Subjects

  • writ jurisdiction
  • administrative law
  • right to be heard
  • decision on proposals
  • Maharashtra

Judgment

2026:BHC-AUG:26868-DB


                                                    1                     50-WP-6944-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            50 WRIT PETITION NO. 6944 OF 2026

                                  RUSHIKESH ASHOK JADHAV
                                            VERSUS
                STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                               ...
              Mr. K. D. Pote, Advocate h/f Mr. Arvind G. Ambetkar, Advocate for
              the Petitioner
              Mr. V. M. Kagne, AGP for Respondents/State
              Mr. Sagar D. Madake, Advocate for Respondent Nos.3 And 4
                                               ...
                             52 WRIT PETITION NO. 6947 OF 2026

                                 SMT. KALPANA DIGAMBAR WALKE
                                             VERSUS
                STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                               …
              Mr. K. D. Pote, Advocate h/f Mr. Arvind G. Ambetkar, Advocate for
              the Petitioner
              Mr. N. S. Tekale, AGP for Respondents/State
              Mr. Sagar D. Madake, Advocate for Respondent Nos.3 And 4
                                               ...
                                       CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                         DATE : 07th JULY, 2026

              PER COURT :

              .            The   writ   petitions       are   disposed   of   by   directing

              respondent No.2 to take decision on the proposals of petitioners

              dated 24/03/2023, if not already decided, on it’s own merit and after

              hearing the petitioners, within a period of six weeks from the date

              of receipt of copy of this order.



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




              SVH


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