Gajanan Narayan Dandage v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.447 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.P.V.Jadhavar, advocate for the petitioner. Mr.P.S.Patil, advocate for Respondent No.1.

Mr.D.B.Bhange, Asstt. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 14.01.2015.

PER COURT :

1.

Heard.

2.

Mr.Jadhavar, learned counsel submits that the tribe certificate of the petitioner as belonging to Koli Mahadeo (Scheduled Tribe) is cancelled and confiscated without hearing the petitioner. Mr.Patil, learned counsel for the Committee states that the documents and facts on record are so explicitly clear that no other view is possible.

3.

It is trite that when any order prejudicial to the interest of any person is passed, the principles of natural justice are required to be adhered. In the present case, the impugned order is passed

without hearing the petitioner and without notice to the petitioner, such an order can not be sustained.

4.

In light of the above, the impugned order is quashed and set aside. The Respondent Committee shall after hearing the petitioner shall decide about the said aspect afresh. The petitioner shall appear before the Committee on 4.2.2015.

5.

The Writ Petition is accordingly disposed of. No costs. (V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..14.01.2015.

asp/office/wp447.15