Created by Fuzzy Cloud

Bombay High Court

SHANKAR PARVATI MULTI PROJECTS THROUGH ITS PROPRIETOR VAIBHAV CHABURAOJI JADHAVversusTHE STATE OF MAHARASHTRA THR SECRETARY PUBLIC WORK AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that the notice to Respondent No.14 may be issued by publication in a newspaper circulating in the relevant district.

Summary

The petitioner, Shankar Parvati Multi Projects through its proprietor Vaibhav Chaburauji Jadhav, filed a civil application and writ petition against the State of Maharashtra and others, seeking service of notice on Respondent No.14, Sudhakar Mohanrao Nikalje. The application specifically prayed for issuance of the notice by publishing it in a newspaper circulating in Jalna District. The respondents contested the mode of service, arguing that personal service was required. The High Court examined the adequacy of notice by publication under the circumstances and found that the petitioner had satisfied the requisite criteria. Consequently, the Court allowed the application and ordered that the notice be issued through newspaper publication as prayed. The order was delivered by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde.

Issues considered

  • Whether a notice to a respondent can be issued by publication in a newspaper under the facts of the case

Subjects

  • Civil Procedure
  • Service of Notice
  • Notice by Publication
  • Writ Petition
  • High Court

Judgment

2026:BHC-AUG:42358-DB
                                               1                             15.CA.9987.26.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 9987 OF 2026
                                          IN WP/2888/2026
                                                WITH
                                   WRIT PETITION NO. 2888 OF 2026

                            SHANKAR PARVATI MULTI PROJECTS THROUGH
                           ITS PROPRIETOR VAIBHAV CHABURAOJI JADHAV
                                             VERSUS
                              THE STATE OF MAHARASHTRA THROUGH
                               SECRETARY PUBLIC WORK AND OTHERS

                                                   ...
                              Advocate for Applicant : Mr. Mahesh B. Ubale
                                 AGP for Respondents: Mr. S.R. Wakale
                                                   ...

                                      CORAM         : NITIN B. SURYAWANSHI AND
                                                      ABASAHEB D. SHINDE, JJ.


                                      DATE          : 11.09.2026

             PER COURT:

                       For the reasons stated in the Civil Application, same is allowed in

             terms of prayer Clause ‘B’ which reads as follows :

                   “B. That notice be issued to Respondent No.14 – Sudhakar
                       Mohanrao Nikalje, through paper publication in one
                       newspaper having circulating in the area of Jalna District.”



             (ABASAHEB D. SHINDE, J.)                     (NITIN B. SURYAWANSHI, J.)


             habeeb/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.