Pravin Abasabeh Gaikwad and Ors. v. State of Maharashtra Thr. Secretary Rehabilitation Revenue and Forest Dep. and Ors.
Case brief
What is this about?
Pravin Abasaheb Gaikwad & ors. v. State of Maharashtra & ors., Writ Petition No. 16729 of 2024 (High Court of Judicature at Bombay, Civil Appellate Jurisdiction; Coram: M.S. Sonak & Jitendra Jain, JJ.; decided 3 January 2025). Mandamus sought without prior demand for justice; Court, relying on Wade's Administrative Law and Supreme Court decisions (Kamini Kumar v. State of West Bengal; Saraswati Industrial Syndicate v. Union of India; Amrit Lal v. Collector of Central Excise; State of Haryana v. Chandan Mal), noted demand-and-refusal as condition precedent, and disposed of the petition by directing respondent Nos. 3, 4, 7 and 8 to treat it as a representation and decide by speaking order within 12 weeks; contentions left open.
What did the court decide?
Respondent Nos. 3, 4, 7 and 8 to treat the writ petition as the petitioner's representation and dispose of it within 12 weeks, after hearing the petitioners, by a speaking order; all contentions of all parties left open; liberty to challenge the respondents' decisions in accordance with law; no order for costs.