Kailas Vasantrao Shrote v. The State Of Maharashtra And Others

928 wp.1334.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1334 OF 2015 KAILAS VASANTRAO SHROTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Jadhavar Pratap V. AGP for Respondents: Mr.P.N.Mule.

Advocate for Respondent No.2 : Tele Ashok B.

...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

04th February, 2015.

P.C.:

.

Mr.Jadhavar, learned counsel submits that the tribe claim of the Petitioner has been cancelled and confiscated without hearing the Petitioner and without notice to the Petitioner. Mr.Tele, leaned counsel for the Committee states that the facts on record are so explicitly clear that no other view is possible. Whenever an order prejudicial to the interest of any party is passed, the adherence to requirements of principles of natural justice is mandatory.

In light of the above, we pass the following order: I.

The impugned order is quashed and set aside.

II.

The Committee shall after hearing the Petitioner decide about the said aspect of the matter afresh.

928 wp.1334.15.odt III.

The Petitioner shall appear before the Committee on 23rd February, 2015.

IV.

Accordingly, the writ petition is disposed of. No costs.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm