Naresh Hastimal Gugale And Others v. State Of Maharashtra And Others

wp4846.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 4846 OF 2015 Naresh Hastimal Gugale & others .. PETITIONERS

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. A.K. Gawali, advocate for petitioners.

Mrs. A.V. Gondhalekar, AGP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 13th JULY, 2015 PER COURT :

1.

Petitioners have pointed out Rule 13 of the Maharashtra Government Rules of Business which provides thus :

13.

Every order or instrument of the Government or the State shall be signed either by a Secretary, an Additional Secretary, a Joint Secretary, a Deputy Secretary, an Under Secretary or an Assistant Secretary or such other officer as may be specially empowered in that behalf and such signature shall be deemed to be proper authentication of such order or instrument.

2.

The grievance of the petitioners is that although the Honourable Minsiter has issued order on 26.08.2014, the same has not been authenticated as required under Rule 13 of the Maharashtra Government Rules of Business. Petitioners thus request for issuance of directions to the Secretary to comply with the requirements of Rule 13 expeditiously.

wp4846.15.doc 3.

Considering the facts and circumstances of the case, this petition can be disposed of by issuing directions to respondent no. 3 to comply with the requirements provided under Rule 13 of the rules and issue necessary authentication of the order passed by the Honourable Minister on 26.08.2014, as expeditiously as possible, preferably within a period of eight weeks from today. With the directions as above, writ petition stands disposed of.

4.

Pending civil application, if any, does not survive and stands disposed of.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb