Pradip Anandrao Sankpal And ORS v. The District Collector Kolhapur And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11603 OF 2024 Pradip Anandrao Sankpal & Ors.

... Petitioners

Versus

The District Collector Kolhapur & Ors.

... Respondents ------ Mr. Gajanan M. Savagave for the Petitioners.

Mrs. S.N. Deshmukh, A.G.P. for the Respondent-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : 10th December 2025.

P. C. :

1.

Heard Mr. Savagave, learned counsel for the Petitioners and Mrs. Deshmukh, learned A.G.P. for the Respondent-State. 2.

By the present Petition the Petitioners have put forth following prayers :

"a] This Hon'ble Court will be pleased to issue Rule Nisi. b] That this Hon'ble Court be pleased to issue writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, direction or order under Articles 226 and 227 of the Constitution of India, calling for the records and 1 of

proceedings from the Respondents in the matter of the Petitioners.

c] That this Hon'ble Court be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under Articles 226 and 227 of the Constitution of India and direct the Respondents to decide the representations made by the Petitioners on 13.3.2023 to the Additional Principal Secretary, General Administration Department, Mantralaya, Mumbai within such stipulated period and further be pleased to direct to pass the appropriate order on the representation made by the Petitioners on 13.3.2023.

d] Cost of this petition be provided for.

e] Any other order in the interest of justice and kindness be passed as and when necessary."

3.

When the matter has been taken up for hearing, Mr. Savagave, learned counsel for the Petitioners would fairly submit that for now the Petitioners would pray for directions to the Respondent-Authorities to consider the comprehensive representation dated 13th March 2023, of which a copy is annexed at page 64-A of the Petition. 4.

Mrs. Deshmukh, learned A.G.P. submits that the RespondentAuthorities shall consider the said representation on its own merits and in view of the Government Resolutions mentioned in the representation. 2 of

5.

In view of the above, we dispose of the Writ Petition with following directions :

(i) The Writ Petition stands allowed.

(ii) The Respondent No.3 shall consider the representation dated 13th March 2023 filed by the Petitioners and annexed at page No.64-A of the Petition, within a period of 16 weeks from today, on its own merits.

(iii) Needless to mention, the concerned RespondentAuthorities shall also take into consideration the Government Resolutions, which have been referred in the said representation.

(iv) If needed, the Petitioners may be given an opportunity of hearing for any explanation by the Respondent No.3. (v) The Respondent No.3 shall intimate to the Petitioners the decision taken by it on the representation of the Petitioners. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.12.10 18:46:29 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of