Nilesh Shahaji Agawan v. The State Of Maharashtra And Others

W.P. No.9996/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.9996 OF 2015 Nilesh Shahaji Agawan ...

PETITIONER

VERSUS

The State of Maharashtra & ors.

...

RESPONDENTS .....

Shri A.K. Gawali, Advocate for petitioner Shri S.G. Karlekar, A.G.P. for State .....

CORAM:

R.M. BORDE AND P.R. BORA, JJ.

DATED:

6th October, 2015.

ORAL ORDER :

1.

The petitioner has 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 petitioner is that although the

W.P. No.9996/2015 Hon'ble Minister has issued order on 9.9.2014, the same has not been authenticated as required under Rule 13 of the Maharashtra Government Rules of Business. Petitioner thus requests for issuance of directions to the Secretary to comply with the requirements of Rule 13 expeditiously.

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 Hon'ble Minister on 9.9.2014, as expeditiously as possible, preferably within a period of eight weeks from today. With the directions as above, Writ Petition stands disposed of.

(P.R. BORA, J.) ( R.M. BORDE, J.) fmp/wp9996.15