Bombay High Court
SAMBHA BHIMASHANKAR RATNAPARKHE AND OTHERSversusTHE STATE OF MAHARASHTRA THR CHIEF SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Minister for Revenue may be added as a respondent and service of notice on his behalf may be waived.
Summary
The applicants filed a writ petition challenging an order issued by a Desk Officer, who is a delegate of the Minister for Revenue, and sought to add the Minister for Revenue as a necessary party. The court examined whether the Minister, as the delegating authority, must be joined as a respondent. It held that the Minister could indeed be added as a party to the proceedings. Accordingly, the court permitted the amendment of the civil application to include the Minister as respondent No.2A and waived service of notice on his behalf. The civil application was then disposed of.
Issues considered
- Whether the Minister for Revenue is a necessary party to proceedings challenging an order passed by his delegate.
- Whether the civil application may be amended to add the Minister as a respondent.
- Whether service of notice can be waived for the newly added respondent.
Subjects
- necessary party
- amendment of pleadings
- ministerial delegation
- civil application
- writ petition
- notice waiver
Judgment
2026:BHC-AUG:42363
915 CA 10375 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CIVIL APPLICATION NO. 10375 OF 2026
IN WP/10926/2026
WITH
WRIT PETITION NO. 10926 OF 2026
SAMBHA BHIMASHANKAR RATNAPARKHE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR CHIEF SECRETARY AND OTHERS
...
Advocate for Applicant : Mr. Andhale Mahadev Ramkisan
AGP for Respondent nos. 1 to 7 : Mrs. P.V. Diggikar
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 11.09.2026
PER COURT :
The learned Advocate for the applicants submits that the impugned
order under challenge in the writ petition has been passed by the Desk
Officer, who is stated to be the delegate of the Minister for Revenue. It is,
therefore, submitted that the Minister for Revenue is a necessary party to the
proceedings. The learned Advocate seeks permission to amend the writ
petition by adding the Minister for Revenue as a party respondent.
2. In view of the submissions made by the learned Advocate for the
applicants, the Civil Application is allowed. The Minister for Revenue is
permitted to be added as party respondent No.2A, as proposed in paragraph
No.5 of the Civil Application. Necessary amendment be carried out
accordingly.
1/2
915 CA 10375 26.odt
3. Issue notice to the added respondent. The learned A.G.P. waives
service of notice on behalf of the newly added respondent No.2A.
4. The Civil Application stands disposed of.
( SMT. MANJUSHA AJAY DESHPANDE, J.)
mkd/-
2/2
Checking your session…