Bombay High Court
DISHA AGRO INDUSTRIES THROUGH ITS PROPRIETOR SHAIKH ANWAR PASHA MEHBOOBversusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The High Court held that it cannot review internal administrative instructions between departments under Article 227, and therefore dismissed the writ petition.
Summary
The petitioner, Disha Agro Industries, filed a writ petition seeking a writ of certiorari to quash a final assessment order dated 24-08-2023, alleging it was illegal, arbitrary, and violated natural justice. The order in question was a communication from the Deputy Executive Engineer of Maharashtra State Electricity Distribution Co. directing another authority to expedite electricity theft bills. The Court examined whether it could entertain a challenge to an internal administrative instruction under Article 227 of the Constitution. It held that such internal communications between departments are not amenable to judicial review under Article 227. Consequently, the petition was dismissed for lack of merit, and the petitioner was allowed to seek other legal remedies.
Issues considered
- Whether the High Court can exercise jurisdiction under Article 227 to quash an internal administrative communication between two departments.
- Whether the communication dated 24-08-2023 is violative of principles of natural justice and thus liable to be set aside.
Subjects
- writ of certiorari
- Article 227
- administrative law
- natural justice
- electricity theft
Judgment
2026:BHC-AUG:41205
4-sr903.wp.10956.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 WRIT PETITION NO. 10956 OF 2023
Disha Agro Industries Through Its Proprietor Shaikh Anwar Pasha Mehboob
VERSUS
State Of Maharashtra Through Its Secretary And Others
----
Mr.Sayyed Tauseef Yaseen, Advocate for petitioner
Mr.A.V.Lavte, AGP for respondent no.1
Mr.A.S.Shelke, Advocate for respondent no.2
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 03, 2026
ORDER :-
The petitioner has filed this Writ Petition with a substantive
prayer which is narrated at prayer clause “B” as under:-
B. By issuing Writ of Certiorari or any other Writ,
order or direction in the like nature, to quash and
set aside the final Assessment order dated
24.08.2023 at Exhibit-B as being illegal, arbitrary
and violative of principles of natural justice.
2. Referring to the document at Exh.B of the Writ Petition
compilation, it appears that it is merely a communication dated
24.08.2023 issued by the Deputy Executive Engineer, Maharashtra
State Electricity Distribution Co. Ltd., Sub-Division, Majalgaon to
another authority instructing to serve the electricity theft bills
2 4-sr903.wp.10956
expeditiously. Apparently, this court cannot exercise its jurisdiction
under Article 227 of the Constitution of India to check legality and
validity of such internal communication between the two
departments whereby only administrative instructions are given by
one department to another.
3. I do not find any merit in the Writ Petition. The Writ
Petition stands dismissed.
4. Liberty is granted to the petitioner to avail such remedies
as are available in law.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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