Balaji Sudam Kamble v. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad And Another

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.157 OF 2015 Balaji Sudam Kamble PETITIONER Age-24 years, Occ-Education, R/o Apegaon, Taluka-Ambejogai, District - Beed

VERSUS

1.

Scheduled Tribe Certificate Scrutiny RESPONDENTS Committee Aurangabad Through its Member, 2.

Sub Divisional Officer, Ambejogai, Taluka-Ambejogai, District-Beed .......

Mr. S. S. Phatale, Advocate for the petitioner Mr. P. N. Mule, AGP for respondent State Mr. K. D. Bade Patil, Advocate for respondent No.1 .......

[CORAM : S . V. GANGAPURWALA AND V. L. ACHLIYA, J.J.] DATE : 8 th JANUARY, 2015 ORAL JUDGMENT (PER S.V. GANGAPURWALA, J.):

1.

Rule. Rule made returnable. With consent of parties taken up for hearing.

2.

Mr. Phatale, learned advocate submits that respondent No. 1 committee has cancelled and confiscated the tribe certificate of

{2} the petitioner, without issuing notice to the petitioner and without hearing him.

3.

Mr. Bade Patil, learned advocate for respondent No. 1 Committee submits that the documents on record were explicitly clear and no other view could be possible.

4.

It is trite that when any order, adverse to the interest of any party is passed, the principle of audi alterm paterm is required to be adhered.

5.

The impugned order is passed without notice to the petitioner and without hearing the petitioner, such order cannot be sustained.

6.

In view of above, we pass following order:

ORDER

i) Impugned order is quashed and set aside.

ii) The petitioner is relegated before respondent No. 1 committee.

iii) Respondent No. 1 committee shall decide said aspect afresh, after hearing the petitioner.

{3} iv) The petitioner shall appear before the committee on 27th January, 2015.

v) Writ petition stands disposed of accordingly. Rule is made absolute in aforesaid terms with no order as to costs.

[V. L. ACHLIYA, J.] [S. V. GANGAPURWALA, J.] drp/A-15/wp157-15