Laxman Shivlingu Gantod v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1418 OF 2015 LAXMAN SHIVLINGU GANTOD

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioner : Mr. Kulkarni Suresh M. AGP for Respondents-State: Mr. P. N. Mule Advocate for Respondent No.2 : Mr. A. B. Tele ...

CORAM

: S. V. GANGAPURWALA & V. L. ACHLIYA , JJ.

DATE :

6th February, 2015 PER COURT :

1.

The learned counsel for the petitioner submits that caste certificate of the petitioner has been cancelled without hearing the petitioner and without notice to the petitioner. Mr. Tele, the learned counsel for the respondent Committee submits that the evidence on record is so explicitly clear that no other view is possible. 2.

When an order adverse to the interest of a party is passed, minimum requirement of principles of natural justice are required to be adhered. In the present case, impugned order is passed without notice and without hearing the petitioner. The impugned order cannot be sustained. 3.

In the light of above, the impugned order is quashed and set aside. The Committee shall decide about the said aspect afresh after hearing the petitioner. The petitioner shall appear before the Committee on 26th February, 2015.

4.

Writ petition is disposed of with aforesaid directions. No costs. (V. L. ACHLIYA, J.) ( S. V. GANGAPURWALA, J. ) JPC 1/1