Bombay High CourtWP/1814/2012disposed offdismissed for default

Vijay Baburao Thakur v. The State Of Mah And ORS

2015-02-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya2 pages

1 WP1814.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1814 OF 2012 Vijay Baburao Thakur .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri S. R. Barlinge, Advocate for the Petitioner Shri P. N. Mule, A. G. P. for the Respondent No. 1 Shri Patil, Advocate for the Respondent No. 2 CORAM : S. V. GANGAPURWALA AND V. L. ACHLIYA, JJ.

DATE : 18TH FEBRUARY, 2015.

PER COURT :

1) Mr. Barlinge the learned counsel submits that, the committee has cancelled and confiscated the tribe claim of the petitioner on technical grounds, even without hearing the petitioner.

2) Mr. Patil the learned counsel for the Committee submits that, documents on record are so explicitly clear that no other view was possible.

2 WP1814.12 3) Whenever an order adverse to the interest of any party is passed minimum requirement of adherence to the principles of natural justice is mandatory. 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 petitioner is relegated before the committee. The committee after hearing the petitioner shall decide about the said aspect afresh. All contentions of respective parties kept open. The petitioner shall appear before the committee on 11 th March, 2015. Writ petition is disposed of. No costs. [ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] sam/Feb. 15