Sumedh Bharat Jadhav v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.819 OF 2019 Sumedh s/o Bharat Jadhav, Age: 26 years, Occ: Agri., R/o. Gangapur, Taluka Gangapur, District Aurangabad ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Minority Development and Wakf Department, Maharashtra State, Mantralaya, Mumbai.

2.

The Collector, Collector Office, Ahmednagar.

3.

The Chief Executive Officer, Maharashtra State Wakf Board, Pan Chakki, Aurangabad.

4.

The Sub Divisional Officer, Vaijapur, District Aurangabad.

5.

The Tahsildar, Tahsil Office, Gangapur, Disrtrict Aurangabad.

6.

The Talathi, Sajja Pakhora, Tq. Gangapur, District Aurangabad.

..RESPONDENTS Mr B.G. Sagade, Advocate for petitioner;

Mr A.R. Kale, A.G.P. for respondent/State

(2) CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 22nd JANUARY, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

The petitioner is before this Court with prayer namely, seeking directions to the respondents - authorities to make correction in the Entry No.44 of Government Gazette dated 1st November, 1973 by inserting an area of Dargah as 7 Gunthas in stead of 7 Acres 24 Gunthas in respect of Gat No. 2 of village Pakhora, Taluka Gangapur, District Aurangabad.

3.

Perusal of the representation placed on record shows that the representation is addressed to respondent No.3 - Chief Executive Officer, Maharashtra State, Wakf Board, Aurangabad and copy is forwarded to the Hon'ble Minister holding various portfolios, as well as to the Chief

(3) Secretary, Maharashtra State, Minority Development and Wakf Board, Mantralaya, Mumbai. It is also submitted that the copy is received by the office of Hon'ble Minister, as well as office of the Chief Secretary of Minority Development and Wakf Board, Mantralaya, Mumbai.

4.

The documents placed on record shows that the petitioner raised grievance to the Sub Divisional Officer, Vaijapur, District Aurangabad for effecting change in the Government Gazette notification.

5.

We are unable to entertain the petition, in view of the above referred facts, for the simple reason that the petitioner is approaching to the authorities who are short of possessing powers to effect any change in the Government notification in stead of approaching the competent authority of the State. The petitioner may have a grievance in respect of error in entry reflected in the Government Gazette notification. Though we are not

(4) inclined to entertain the petition, we make it clear that the petitioner is at liberty to approach the competent authority of the State of Maharashtra for raising his grievance in respect of correction of entry in Government Gazette notification. If such a grievance is raised to the competent authority including the authority namely, respondent No.1, respondent No.1 to take a decision on the representation, needless to state on merits of the representation.

6.

The petition is disposed of accordingly.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe