The Bombay High Court addressed the grievance of a petitioner whose representation to Respondent No.2 had not been disposed of despite prior court directions. The court noted that Respondent No.2 had eventually acted on the representation, though with significant delay. The petitioner was granted the liberty to challenge the decision dated 8 July 2019. All contentions on merits were kept open.

1. Background and Grievance:

• The Petitioner, Mr. Devendra Ramesh Limaye, sought a license to operate as a licensed surveyor and loss assessor for insurance companies.
• Respondent No.4 allegedly avoided signing necessary documents for the Petitioner’s application.
• On 12 December 2018, the High Court directed Respondent No.2 to address the Petitioner’s representation within eight weeks.

2. Continued Non-Compliance:

• Despite the court’s 2018 order, Respondent No.2 failed to dispose of the representation, prompting the current writ petition.

3. Court’s Observation on Compliance:

• The Court noted that non-compliance with prior directions for several years constituted a serious matter.

4. Submissions by Respondents:

• Respondent No.2 presented documents indicating the representation had been addressed via communication dated 8 July 2019.
• However, no proof of the Petitioner’s acknowledgment was submitted.

5. Disposition of the Petition:

• The Court disposed of the petition, observing that the Petitioner’s grievance about the non-disposal of representation had been addressed.
• Liberty was granted to challenge the communication dated 8 July 2019 on merits.

Acts and Sections Discussed:

1. Insurance Act, 1938:
   • Provisions relating to licensing of surveyors and loss assessors.
2. General Civil Procedure:
   • Judicial directions for timely disposal of representations and compliance with court orders.

Ratio Decidendi:

1. Timeliness in Compliance:
   Compliance with court directions within the stipulated timeframe is essential to uphold judicial authority.
2. Preservation of Rights:
   Petitioners retain the right to challenge administrative decisions even after procedural grievances are resolved.

Subjects:

Writ Petition, Compliance with Judicial Orders, Administrative Delays

• Writ Petition
• Insurance Regulatory Authority
• Surveyor Licensing
• Compliance with Court Directions
• Administrative Delay