The Maharashtra Government has issued a fresh circular asking all departments to strictly follow proper legal procedure while dealing with notices under Section 80 of the Code of Civil Procedure (CPC). The Law and Judiciary Department released the circular on February 23, following strong remarks by the Supreme Court over the casual approach of Government authorities. A Section 80 notice under the CPC is a mandatory legal step before filing a case against the Government or a public officer for actions taken in an official capacity. It requires a two-month waiting period so the Government gets a fair chance to review the complaint, examine the facts, and possibly settle the matter without going to court. 

 

 

The circular has been issued by Chief Secretary Rajesh Aggarwal. In its March 24, 2025 judgment in Civil Appeal No. 4311 of 2025 (Yerikala Sunkalamma and Another vs State of Andhra Pradesh and Others), the Supreme Court expressed serious concern that these notices are often treated as mere formalities. The court stressed that Section 80 is meant to help resolve genuine grievances early and avoid unnecessary litigation. It also warned that ignoring such notices could lead to adverse inference against the State. Following the ruling, the Maharashtra Government reminded departments that a proper system is already in place under Rule 32 of the Rules for the Conduct of Legal Affairs of the Government, 1984, which clearly explains how such notices must be handled.

 

 

According to the circular, once a notice is received, the Secretary or Collector must forward it within seven days to the officer concerned and send copies to the Law and Judiciary Department and the relevant administrative department. The officer must carefully examine the claim, verify documents, and seek clarification if needed. If the complaint appears valid, steps must be taken within three weeks to redress the grievance. If there is any doubt, the matter should be referred to the administrative department or legal authorities. Departments must try to resolve the issue within the statutory two-month period. The Government has warned that any negligence leading to prolonged litigation or financial loss will be taken seriously. All Mantralaya departments and their allied offices have been instructed to strictly follow these directions.