Balaji Punjajirao Ambhore And Another v. The State Of Maharashtra Through Secretary And Others

53 WP.2643.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

53 WRIT PETITION NO.2643 OF 2023 BALAJI PUNJAJIRAO AMBHORE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. S. B. Bhosale. AGP for Respondent/State : Mr. S. P. Tiwari.

...

CORAM :

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

DATE :

08th March, 2023.

Per Court:

1.

A representation dated 9th February, 2023 is filed with Respondent Nos.3, 4 and 5 (Zilla Parishad, Hingoli) and this Petition is filed on the 10th day i.e. 19th February, 2023, seeking a Writ of Mandamus against the authorities to decide the representation. 2.

Time and again, we have held that a Writ of Mandamus is a command to a statutory authority or an authority discharging public duty, to exercise the jurisdiction vested in it by law. If it appears that the authority is delaying the matter and refusing to exercise statutory jurisdiction, a command has to be issued to remind such officer of his duties. We cannot entertain a Writ Petition seeking Writ of Mandamus, which is filed on the 10th day of the filing of the representation.

53 WP.2643.2023.odt 3.

In view of the above, this Petition is disposed off. We would only observe that the representation may be considered in accordance with the provisions of law and the prescribed procedure, without delay.

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