Case Note & Summary
The petitioner, Nasimuddin Khan Sadruddin Khan, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking a direction to the Collector, Yavatmal and the District Mining Officer, Yavatmal to decide his representation. During the hearing, the Assistant Government Pleader, Mr. D.P. Thakre, stated on instructions that the petition could be disposed of by ordering in terms of Prayer Clause (A). He further stated that the decision would be rendered on or before 22nd March, 2010 and would be communicated by Registered Post Acknowledgment Due. The Court accepted this statement, made the rule absolute in terms of Prayer Clause (A) with the time limit as indicated, and directed the parties to bear their own costs. The petition was disposed of without any adjudication on merits, based on the consent statement of the government pleader.
Headnote
A) Administrative Law - Disposal of Representation - Time-Bound Decision - No specific Act - The petitioner sought a direction to the Collector to decide his representation. The Assistant Government Pleader stated on instructions that the petition could be disposed of by ordering in terms of Prayer Clause (A) and that a decision would be rendered on or before 22nd March, 2010 and communicated by Registered Post Acknowledgment Due. The Court disposed the petition in those terms. (Paras 3-4)
Issue of Consideration
Whether the writ petition can be disposed of by ordering the respondents to decide the petitioner's representation within a specified time frame.
Final Decision
Rule made absolute in terms of Prayer Clause (A) with the time limit as indicated in para 3. Parties to bear own costs.
Law Points
- Consent order
- Disposal by statement
- Time-bound decision
- Communication by registered post
