Ashok Dadarao Khape and Others v. the State of Maharashtra and Others
Case brief
What is this about?
The High Court disposed of this writ petition challenging the administrative decision to shift a PWD division. The Court held that no interference was called for such an administrative action under Article 226 as the petition was devoid of substance.
What did the court decide?
The writ petition is disposed of.
What the court decided
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD.
904 PUBLIC INTEREST LITIGATION NO. 116 OF 2015
ASHOK DADARAO KHAPE AND OTHERS VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Thote Dhananjay K GP for Respondents:Mr. A.B. Girase
... CORAM : R. M. BORDE & A. I. S. CHEEMA, JJ. Date: December 01, 2015
PER COURT :-
1 The petitioner is objecting to the administrative decision taken by the State Government, in respect of shifting of a division No.2 of Public Works Department from Jalna to Partur. In the order impugned, it is stated that, the shifting is permitted on the condition that, there shall not be any additional financial burden on the State exchequer and that, such shifting would be for convenience of public at large.
2 Taking into consideration the nature of the challenge i.e. an administrative action taken by the department of the State, in exercise of extraordinary jurisdiction under article 226 of Constitution of India, no interference is called for.
- 3 Petition is devoid of substance and hence stands disposed of.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the administrative decision of shifting a Public Works Department division from Jalna to Partur under Article 226 of the Constitution.
Whether the impugned order imposing conditions on the shifting constitutes a justiciable question warranting judicial intervention.
Parties & counsel
- petitioner
Ashok Dadarao Khape and Others
- respondent
The State of Maharashtra and Others
Coram
R. M. Borde
Case details
As recorded by the court registry
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