Rukhminbai Dhondiba Kadampalle 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.1428 OF 2017 Smt.Rukhminbai W/o Dhondiba Kadampalle @ Rukhminbai d/o Kondiba Yamalwad Vs. The State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.U.Jadhav, advocate for the petitioner.

Mr.P.S.Patil, Additional Government Pleader for the State.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 31.01.2017.

PER COURT :

1.

Heard.

2.

The learned counsel for the petitioner states that the impugned order is passed without notice to the petitioner and without hearing the petitioner.

3.

Mr.Patil, learned Additional Government Pleader states that considering the caste certificate, no other order could have been passed.

4.

It is trite that when-ever an order adverse to the interest of any party is passed, adherence to the principles of natural justice is mandatory.

5.

In the present case, the impugned order is passed to the

effect that the validation proceedings presented before it is disposed of and caste certificate is confiscated on the ground that the name of the father is not properly mentioned.

6.

As the order is passed without hearing the petitioner, the impugned order is quashed and set aside. The parties are relegated before the Committee for deciding the said proceedings afresh. The petitioner may appear before the Committee on 15.2.2017. The Committee shall decide about the said issue after hearing the petitioner expeditiously.

7.

The Writ Petition is accordingly disposed of with aforesaid observations. No costs.

8.

Authenticated copy be given.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.31.01.2017.

asp/office/wp1428.17