Bombay High Court Directs Acceptance of Brick Kiln Application in Revenue Matter. Court orders respondents to accept and decide petitioners' application for brick kiln permission within one month.

High Court: Bombay High Court Bench: BOMBAY In Favour of Accused
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Case Note & Summary

The petitioners filed a writ petition seeking a direction to the respondents to accept their application for permission to start a brick kiln. The High Court, after hearing the parties, found it appropriate to direct the respondents to accept the application and decide it within one month. The rule was made absolute with no order as to costs.

Headnote

A) Administrative Law - Duty to Consider Application - Direction to Accept and Decide - The court directed the respondents to accept the petitioners' application for permission to start a brick kiln and decide it within one month, in the interest of justice. (Paras 2-3)

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Issue of Consideration

Whether the respondents should be directed to accept and decide the petitioners' application for permission to start a brick kiln.

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Final Decision

Rule made absolute. Respondents directed to accept petitioners' application for permission to start a brick kiln and decide the same within one month. No order as to costs.

Law Points

  • Administrative law
  • Duty to consider application
  • Reasonable time for decision
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Case Details

2010 LawText (BOM) (01) 4

Writ Petition No.5665 of 2009

2010-01-13

S.A. Bobde, Smt. Vasanti A. Naik

P.S. Sahare for petitioners, N.S. Khubalkar for respondents

Neetesh s/o Gopalrao Chavan, Smt. Lilabai w/o Harishchandra Chavan, Bhagatsingh s/o Ganeshji Babre

The State of Maharashtra, The Collector, Wardha, The Tahsildar, Tahsil Seloo, District Wardha

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Nature of Litigation

Writ petition seeking direction to accept application for brick kiln permission.

Remedy Sought

Direction to respondents to accept petitioners' application for permission to start a brick kiln and decide it.

Filing Reason

Respondents allegedly not accepting or deciding the application.

Issues

Whether the respondents should be directed to accept and decide the petitioners' application for brick kiln permission.

Submissions/Arguments

Petitioners argued for direction to accept application; respondents opposed.

Ratio Decidendi

In the interest of justice, the respondents must accept and decide the petitioners' application within a reasonable time.

Judgment Excerpts

After hearing learned Counsel for the parties for sometime, it seems appropriate in the interest of justice to direct the respondents to accept the petitioners' application for permission to start a brick kiln and decide the same within a period of one month.

Procedural History

Writ petition filed in 2009; heard and disposed of on 13 January 2010.

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High Court Bombay High Court Directs Acceptance of Brick Kiln Application in Revenue Matter. Court orders respondents to accept and decide petitioners' application for brick kiln permission within one month.
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