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Bombay High Court

GANESH DNYANOBA KSHIRSAGAR AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The motion for speaking to the minutes is allowed, and the order is to be corrected as prayed for.

Summary

The petitioners filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking a correction to an order dated 22 June 2026. They contended that the terms "Divisional Commissioner" and "Rule 13" in the first two paragraphs of the order were erroneous and should be replaced with "Chief Executive Officer" and "Rule 14" respectively. The respondents, the State of Maharashtra, did not oppose the correction. The Court examined whether such a substitution, being a clerical amendment, fell within its power to amend the minutes of its own order. Finding no substantive prejudice and recognizing the correction as purely typographical, the Court allowed the motion. Consequently, the corrected copy of the order was to be uploaded.

Issues considered

  • Whether the Court may substitute the terms "Divisional Commissioner" with "Chief Executive Officer" and "Rule 13" with "Rule 14" in its own order.
  • Whether such substitution constitutes a permissible correction under the Court's inherent powers.

Subjects

  • writ petition
  • speaking to minutes
  • court order correction
  • procedural amendment
  • high court

Judgment

2026:BHC-AUG:24489-DB
                This Order is Speaking to Minutes order of order dated //


                                                                                   wp7579-22.doc
                 drp
                            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                       BENCH AT AURANGABAD

                                       WRIT PETITION NO.7579 OF 2022

                 Ganesh Dnyanoba Kshirsagar and Others                            PETITIONERS

                         VERSUS

                 The State of Maharashtra and Others                             RESPONDENTS

                                               .......
                 Mr. Angad L. Kanade, Advocate for the Petitioners
                 Mr. S. R. Wakle, AGP for Respondent - State
                                               ....…

                                 [CORAM : NITIN B. SURYAWANSHI, &
                                          ABASAHEB D. SHINDE, J. J.]

                                            DATE : 24th JUNE, 2026
                 ORDER :

                 1.      This motion is moved for ‘speaking to the minutes’, in
                 respect of order dated 22nd June, 2026.


                 2.      Learned Advocate for the Petitioner submits that in the
                 said order, in first and second paragraphs, words “Divisional
                 Commissioner” are mentioned which need to be replaced by
                 “Chief Executive Officer”, so also “Rule 13”, mentioned in the first
                 line of the first paragraph needs to be replaced by “Rule 14”
                 .       Substitution be accordingly done.


                 4.      Motion is allowed. Corrected copy be uploaded.



                 [ ABASAHEB D. SHINDE ]                                [ NITIN B. SURYAWANSHI ]
                          JUDGE                                                   JUDGE
                 drp/wp7579-22.doc


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