Bombay High Court
ANWAR SADIQ SHEIKHversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the CEO must complete the statutory allotment procedure within 45 days, ensuring transparency.
Summary
Anwar Sadiq Sheikh filed a writ petition challenging the delay by the CEO of Pune Zilla Parishad in completing the statutory procedure for allotting Gram Panchayat constructed shops (galas) after an interim order dated 30 December 2024. The petitioner alleged that no further progress had been made, violating the prescribed legal process. The Court examined whether the CEO was obligated to expedite the procedure and ensure transparency. It observed that the matter remained pending and that the statutory framework required timely completion. Consequently, the Court directed Respondent No.2 to complete the due procedure within 45 days, maintaining transparency, and noted that any aggrieved party could seek statutory remedies. The petition was thereafter disposed.
Issues considered
- What is the appropriate judicial remedy when a local authority fails to progress a statutory allotment procedure within a reasonable time?
Subjects
- administrative law
- local government
- statutory procedure
- transparency
- writ petition
Judgment
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
57.WP-927-2026.odt
GAEKWAD 2026.03.06
11:13:45
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.927 OF 2026
Anwar Sadiq Sheikh ….Petitioner
Versus
The State of Maharashtra & Ors. ….Respondents
----
Mr. Rahul Kadam a/w. Mr. Sohel Mujawar for the Petitioner.
Mr. P.P. Kakade, Addl. GP a/w. Mrs. Nisha Mehra, AGP for
Respondent No.1.
Mr. Ashwin R. Kapadnis for Respondent Nos.2 to 4.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 4th MARCH, 2026
P.C. :-
1. The learned Advocate Mr. Kapadnis is on the Panel of
the Pune Zilla Parishad. Since this case pertains to proceedings
pending before the CEO, Pune Zilla Parishad, Pune, we requested
his assistance. At the request of the Court, he has caused his
appearance in this matter.
2. We find from the interim order dated 30th December,
2024 passed by the CEO, Pune Zilla Parishad, Pune, that the
proceeding with regard to following a particular procedure as
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57.WP-927-2026.odt
prescribed under the statute for allotment of Gram Panchayat
constructed shops (galas), is underway. The grievance of the
Petitioner is that, after the order dated 30 th December, 2024, the
matter has not progressed.
3. In view of the above, we would expect Respondent
No.2 to follow the due procedure laid down in law and complete the
said procedure by maintaining transparency, within a period of
45 days from today.
4. In the event any person is aggrieved by the decision of
the CEO, he would be at liberty to avail of a statutory remedy as
may be permissible in law.
5. With the above directions, this Petition is disposed off.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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