SARDAR S SURENDRASINGH AHLUWALIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this writ petition, the petitioners want to challenge the Notification No. GUR/4295/1526/cr-136/l-IV Revenue and Forests Department, Mantralaya, Bombay, dated 28.11.1996 issued by the Respondent No.1 State of Maharashtra (for short, hereinafter referred to as the said Notification of 28.11.1996 ). That notification was issued in exercise of the powers conferred by sub-sections (1) and (2) of Section 53 of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 (Hyd. Act No. XXXVII of 1956) (for short, the Act) read with Section 21 of the General Clauses Act, 1904 (Bom. I of 1904) and the Respondent no. 1 amended the Government Notification bearing No. GUR/4295/1526/cr-136/l-4 dated 31.10.1996 and in clause (b) for entries No.1 to 12, the entries mentioned in the said Notification are substituted. IN other words, 12 persons came to be nominated to the Respondent No.22 Board.

(2.) ONE of the grounds and we think that it is the only ground on which the writ petition could stand is that the action of the Respondent No.1 in issuing the said Notification is bad in law for want of notice to the petitioners and as such, the action of the Respondent no. 1 State Government violates the principles of natural justice. In support of the aforesaid grounds, Mr. Pawar, learned Counsel for the Petitioners, invites our attention to Section 53 of the Act.