Bombay High Court

SHRI. KRUSHNATH PANDITRAO MALI AND ORSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal: Disposed Off
Bench: R G AVACHAT AJIT B KADETHANKAR

Holding

The Court held that, given the nature of the prayer, the writ petition should be disposed of with a direction to the Kolhapur Municipal Corporation to decide the grievance within eight weeks, without issuing a mandamus.

Summary

The petitioners filed a writ petition seeking a mandamus or any appropriate writ directing the State of Maharashtra and the Kolhapur Municipal Corporation to act on complaints dated 03.05.2018 and 09.03.2018, specifically to decide a representation‑cum‑grievance filed on 09.03.2018. The High Court examined the nature of the prayer and the relief sought. It concluded that the appropriate remedy was not a mandamus but a direction to the municipal corporation to decide the grievance on its merits. The Court ordered the corporation to decide the representation‑cum‑grievance within eight weeks from the date of the order. Consequently, the writ petition was disposed of with that direction. No costs were awarded.

Issues considered

Whether the High Court should issue a writ of mandamus directing the respondents to act on the complaints filed by the petitioners
Whether the petition can be disposed of with a direction to the Kolhapur Municipal Corporation to decide the representation‑cum‑grievance within a specified time

Subjects

writ of mandamus
representation‑cum‑grievance
municipal corporation
civil appellate jurisdiction
disposal of petition

Judgment

                                                       36-WP-8063-2018 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 8063 OF 2018

Shri. Krushnath Panditrao Mali And Ors                          ...Petitioners
       Versus
The State Of Maharashtra Through Secretary
And Ors                                                         ...Respondents

                                   …..
Adv. Sandeep S. Koregave, for Petitioners.
Mr. Abhijit M. Adagule a/w Adv. M. Kulkarni, for the Respondent Nos.5
and 6.
Mr. R. P. Kadam ‘B’ Panel Counsel, for Respondent- State.
                                   …..


                                    CORAM :       R.G. AVACHAT &
                                                  AJIT B. KADETHANKAR, JJ.

                                    DATE     :    2nd FEBRUARY 2026.
P.C:

1.         Heard Mr. Koregave, learned counsel for the petitioners and Mr.

Adagule, learned counsel for the Kolhapur Municipal Corporation.

2.         The petitioners have put forth following prayers :

                  “(a) This Hon’ble High Court be pleased to issue a

                  suitable   appropriate   writ   of   mandamus,        or

                  appropriate writ, order or direction, directing the

                  Respondent No.1 to 3 to take action/enquiry as per

                  the complaint dated 03.05.2018           Exh.E and




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                                                        36-WP-8063-2018 (C).doc


                  direction to Respondent No.5 to take action as per

                  complaint dated 09.03.2018 Exh.D submitted by

                  Petitioners within three months as per law.

                  b)    Cost of the Petition be provided.”

3.         The petitioners seek direction to the Kolhapur Municipal

Corporation        to   decide   the   representation-cum-grievance          dated

09.03.2018.

4.         Considering the nature of prayer, we deem it appropriate to

dispose of the writ petition with direction to the respondent No.5-

Kolhapur Municipal Corporation to decide the representation-cum-

grievance dated 09.03.2018, on its own merits and in accordance with

law, if not already decided within a period of 8 weeks from today.

5.         The petition stands disposed of.



[AJIT B. KADETHANKAR, J.]                                    [R.G. AVACHAT, J.]




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