Case Note & Summary
The petitioners, Baban Sampatrao Chavan, Chunnilal Ramchandra Chavan, and Ajay Ramdas Babare, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking a direction to the State of Maharashtra, the Collector of Wardha, and the Tahsildar of Seloo to decide their application for permission to start a brick kiln. The petitioners had applied for the necessary permission, but the respondents had not taken any decision on the application. The High Court, after hearing the counsel for both sides, found it appropriate in the interest of justice to direct the respondents to decide the application within a period of one month. The court did not adjudicate on the merits of the permission but merely ensured that the application was processed. The rule was made absolute in those terms, and no order as to costs was passed.
Headnote
A) Administrative Law - Duty to Decide - Writ of Mandamus - The petitioners sought a direction to the revenue authorities to decide their pending application for permission to start a brick kiln. The High Court, without going into the merits, directed the respondents to decide the application within one month in the interest of justice. Held that where an application is pending, the authority must decide it within a reasonable time. (Paras 2-3)
Issue of Consideration
Whether the respondents should be directed to decide the petitioners' application for permission to start a brick kiln within a specified period.
Final Decision
The rule is made absolute. The respondents are directed to decide the petitioners' application for permission to start a brick kiln within a period of one month. No order as to costs.
Law Points
- Administrative law
- Duty to decide pending application
- Reasonable time for decision
- Writ of mandamus
Case Details
2010 LawText (BOM) (01) 3
Writ Petition No.5662 of 2009
S.A. Bobde, Smt. Vasanti A. Naik
P.S. Sahare for petitioners, S.S. Doifode for respondents
Baban s/o Sampatrao Chavan, Chunnilal s/o Ramchandra Chavan, Ajay s/o Ramdas Babare
The State of Maharashtra, The Collector Wardha, The Tahsildar Tahsil Seloo
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Nature of Litigation
Writ petition seeking direction to decide pending application for permission to start a brick kiln.
Remedy Sought
Direction to respondents to decide petitioners' application for permission to start a brick kiln.
Filing Reason
Respondents failed to decide the petitioners' application for permission to start a brick kiln.
Issues
Whether the respondents should be directed to decide the petitioners' application for permission to start a brick kiln within a specified period.
Submissions/Arguments
Petitioners argued that their application for permission to start a brick kiln was pending and not decided by the respondents.
Respondents did not oppose the direction to decide the application within a reasonable time.
Ratio Decidendi
In the interest of justice, where an application is pending before an authority, the authority must decide it within a reasonable time. The court can issue a writ of mandamus directing the authority to decide the application without going into its merits.
Judgment Excerpts
After hearing the learned Counsel for the parties for sometime, it seems appropriate in the interest of justice to direct the respondents to decide the petitioners' application for permission to start a brick kiln within a period of one month.
The rule is made absolute in the above terms. No order as to costs.
Procedural History
The petitioners filed Writ Petition No.5662 of 2009 before the Bombay High Court, Nagpur Bench, seeking a direction to the respondents to decide their application for permission to start a brick kiln. The court heard the counsel and passed the order on 13 January 2010.
