Supreme Court Rebuke Spurs Maharashtra Govt To Enforce Timely Action On Section 80 Notices

Mumbai: A strong rebuke from the Supreme Court of India has prompted the Maharashtra government to remind its officials to act promptly on statutory notices served by citizens. In its judgment in Yerikala Sunkalamma and Anr vs State of A.P. and Ors (Civil Appeal No. 4311/2025), delivered on March 24 last year, the SC expressed concern over the declining efficacy of Section 80 notices.

The court observed that such notices have increasingly become a mere formality due to the indifferent approach of government departments and public authorities. The bench stressed that Section 80 gives the State a valuable statutory opportunity to examine claims on merit and resolve genuine grievances without forcing citizens into litigation.

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It warned that ignoring or failing to respond to such notices could lead to an adverse inference against the government. The court further noted that apathy in dealing with statutory notices weakens the State’s legal defence and unnecessarily prolongs disputes.

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A Supreme Court bench on Monday emphasised that Section 80 of the Code of Civil Procedure, 1908 (CPC) provides the State a valuable statutory opportunity to examine claims on merit and resolve genuine grievances without forcing citizens into litigation. Under Section 80, a citizen must serve a notice to the state before filing a suit over a grievance or alleged wrongful action against the government.

If the government fails to respond within two months, the citizen may approach the court. The judgment was circulated to High Courts and Chief Secretaries across states, stressing strict compliance with Section 80 provisions. Acting on these observations, the Maharashtra government on Monday issued a circular signed by Chief Secretary Rajesh Aggarwal.

The circular reiterates the mechanism prescribed under Rule 32 of the Rules for the Conduct of Legal Affairs of the Government, 1984, for handling notices under Section 80. Rule 32 mandates that once a notice of a proposed suit is received by the Secretary to the Government or the concerned District Collector, it must be forwarded within seven days to the officer primarily concerned, with a copy to the Law and Judiciary Department.

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The officer concerned must examine the claims in the notice. If they are vague, clarification must be sought from the notice-giver within seven days. The circular warns that a serious view will be taken if inaction by officials leads to prolonged litigation. All Mantralaya departments have been directed to ensure strict adherence to Rule 32 while dealing with Section 80 notices, and departmental heads have been instructed to communicate these directions to subordinate offices.

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