Dnyandeo Daga Chavan v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1331 OF 2017 Dnyandeo Daga Chavan PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. S. R. Barlinge, Advocate for the Petitioner Mrs. V. S. Chaudhari, AGP for Respondent - State Mr. A. B. Dhongade, Advocate for Respondent No.3 .......

[CORAM : NITIN B. SURYAWANSHI, & VAISHALI PATIL-JADHAV, J. J.] DATE : 8 th DECEMBER, 2025 ORDER :

1.

The Petitioner has heavily relied upon the validity certificate issued in favour of his second cousin Vilas Suklal Koli, whose affidavit is also filed by the Petitioner. 2.

On perusal of the original record in respect of validity granted to Vilas, we find that the genealogy given by the Petitioner does not tally with the genealogy of Vilas. 3.

Learned Advocate for the Petitioner would submit that if this was the case, then before rejecting his claim the Committee should have called explanation of the Petitioner on this point.

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Admittedly, the Committee has not issued any show cause notice either to Vilas or to the Petitioner.

5.

We, therefore, deem it appropriate to remand the matter back to the Committee, by quashing and setting aside the impugned decision only to the extent of the Petitioner. The Committee shall give opportunity of hearing to the Petitioner and shall take appropriate decision on merit, by taking into consideration the authoritative pronouncements of this Court and the Apex Court, within 12 weeks from the date of receipt of copy of this order.

6.

With above directions, the Writ Petition is disposed of. [ VAISHALI PATIL-JADHAV ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp1331-17.doc