Bharat Dalit Sevak Sangh Through Its Trustee / President v. State Of Maharashtra And ORS.

(5) WP 6428-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 6428 OF 2019 Bharat Dalit Sevak Sangh .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Sandeep M. Phatak for the Petitioner.

Mr. P. P. Kakade, Govt. Pleader a/w. Mr. K. S. Thorat, AGP for Respondent Nos.1 to 3-State.

WITH WRIT PETITION NO. 6354 OF 2019 Bharat Dalit Sevak Sangh & Anr.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Saket Mone a/w. Mr. Vishesh Kalra i/b Vidhi Partners for the Petitioners.

Mr. P. P. Kakade, Govt. Pleader a/w. Mr. K. S. Thorat, AGP for Respondent Nos.1 to 3-State.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 11 th DECEMBER, 2019.

P. C. :

1.

It is not in dispute that the impugned order dated 06.03.2019 was passed without issuing any show cause notice to Bharat Dalit Sevak Sangh.

2.

Two Writ Petitions have been filed challenging the same order: 1/2

(5) WP 6428-19 one through the President of Bharat Dalit Sevak Sangh and the other two of the trustees of the Sangh. The effect of the impugned order is that land comprised in Survey No.18, village Hingne Budruk, District Pune which was allotted by the State of Maharashtra to the Petitioners to construct a school building and girls hostel has been resumed. 3.

Suffice it to state an order having civil consequences has to be preceded by a notice to show cause notice containing the reasons why it is proposed to pass such an order.

4.

No show cause notice being issued to the Petitioner containing reasons as to why the land was proposed to be resumed, we dispose of the Writ Petitions quashing the impugned order dated 06.03.2019. 5.

We permit the Competent Authority to issue a show cause notice to the Petitioners disclosing therein the reason why the Government wants to resume the land which was allotted to the Petitioners. The same would be served upon the Petitioners with opportunity granted to the Petitioner to respond to the show cause notice. Thereafter, a reasoned decision would be taken disposing of the show cause notice. 6.

Consequential actions taken pursuant to the impugned order are declared void.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2019.12.12 16:03:45 +0530 2/2