Rajkumar Vitthalrao Bali vs The Zilla Parishad, Yavatmal Thr. Its ...
2025 Latest Caselaw 1142 Bom

Bombay High Court

Rajkumar Vitthalrao Bali vs The Zilla Parishad, Yavatmal Thr. Its ... on 1 August, 2025

wp4099.2025.odt                                                                      1/2



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                         WRIT PETITION No.4099 OF 2025
   (Rajkumar Vitthalrao Bali Vs.The Zilla Parishad, Yavatmal through Its Chief Executive
                                          Officer)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions          Court's or Judge's orders.
and Registrar's Orders.

                  Mr. S.M. Vaishnav, Advocate for petitioner.
                  Mr. B.N.Jaipurkar, Advocate for respondent.

                  CORAM :         PRAFULLA S. KHUBALKAR, J.

DATE : 1st August, 2025.

1. Heard Mr. S.M.Vaishnav, learned counsel for the petitioner.

2. Leave to amend to raise challenge to the show cause notice dated 11.7.2025 issued by the respondent is granted by incorporating necessary pleadings in the petition and prayer clause. Necessary amendment be carried out within one week from today.

3. By this petition, the petitioner has raised challenge to the show cause notice, which is issued by the respondent purported to be in accordance with the provisions of Rule 6(10)

(i)(b) of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964.

4. The learned counsel for the petitioner submits that the impugned notice is issued by the respondent, in view of the order dated 29th November, 2023 passed by this Court in Writ Petition No.2354/2023, however, a perusal of the notice clearly shows that the respondent has expressed its final opinion in the notice

itself and, thus there is no opportunity to the petitioner to submit his reply. He submits that this show cause notice is unsustainable in law.

5. In support of his submissions, he relies upon the judgment in the matter of ORYX Fisheries (P) Limited Vs. Union of India and others reported in (2010) 13 SCC 427.

6. In view of this, issue notice to the respondent, returnable after four weeks.

7. Mr. B.N.Jaipurkar, learned counsel waives service of notice on behalf of the respondent.

8. The petitioner is granted liberty to request for interim relief if situation arises.

(PRAFULLA S. KHUBALKAR, J.)

Mukund Ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 01/08/2025 19:48:34