Nirabai Bhikaji Jadhav And ANR v. State Of Maharashtra Thr Prin. Secretary, Revenue And ORS

15-wp5166-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5166 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.04.10 14:07:37 +0530 Nirabai Bhikaji Jadhav & Anr.

... Petitioners V/s.

The State of Maharashtra, Through Principal Secretary, Revenue & Ors.

... Respondents Mr. Drupad S. Patil with Mr. Ajinkya Patil for the petitioner.

Mr. P. G. Sawant, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 10, 2024 P.C.:

1.

Considering the fact that order challenged before the Minister was passed without giving opportunity of hearing to the petitioners, it would be in the interest of justice that the respondent No.1 shall decide the petitioners' revision within period of three months from today.

2.

It is made clear that Code of Conduct shall not be applicable for exercise of quasi-judicial power by the State Government. Hence, the quasi-judicial proceeding need not be kept pending for existence of Code of Conduct. It is open for the concerned Minister to assign the proceedings to the Secretary for decision on merits.

15-wp5166-2024.doc 3.

Either the Minister or the Secretary shall decide the petitioners' application for interim relief within three weeks from today.

4.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)