Junaid Nazimuddin Khan v. The State Of Maharashtra Through Secretary And Another

27 WP.2233.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

27 WRIT PETITION NO.2233 OF 2023 JUNAID NAZIMUDDIN KHAN

VERSUS

THE STATE OF MAHARASHTRA, THROUGH SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. Sahil Choudhari, h/f Mr. Devdatt P. Palodkar. AGP for Respondent/State : Mr. P. S. Patil.

...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

27th February, 2023.

Per Court:

1.

The petitioner has tendered his claim for seeking a validity certificate on 08th December, 2022, which is received by the committee on 10th January, 2023. This petition is filed on 9th February, 2023 for issuance of a Writ of Mandamus to the committee to decide the claim of the petitioner within a time frame.

2.

A Writ of Mandamus is to be issued by way of a command to a statutory authority, who has failed to exercise the jurisdiction vested in it by law and has delayed a statutory action. 3.

The learned AGP informs us that there are about 8 thousand proposals and after bifurcation of the committees, the

27 WP.2233.2023.odt Aurangabad committee now has to decide 3 thousand out of the above time bound 8 thousand cases, within a time frame in the light of various orders of this Court.

4.

Merely because the petitioner could approach this Court would not mean that the High Court should issue an order to take up his proposal out of turn, which is received by the committee on 10th January, 2023.

5.

In view of the above, this petition is dismissed. 6.

Let the committee decide the claim of the petitioner in due course.

[ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga