Kartarsing Kashiram Sable v. The State Of Maharashtra And Others

980&991

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1712 OF 2015 KARTARSING KASHIRAM SABLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 1733 OF 2015 KARTARSING TULSHIRAM SABLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Jadhavar Pratap V. AGP for Respondents-State: Mr. V. D. Rakh Advocates for the Committee: Mr. A. B. Tele and Mr. P. S. Patil ...

CORAM

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

DATE :

13th February, 2015 PER COURT :

1.

Mr. Jadhavar, the learned counsel for the petitioners submit that tribe certificate has been cancelled and confiscated by the committee without hearing the petitioner and without notice to the petitioner. The learned counsel for the respondent committee submits that the facts on record were so explicitly clear that no other view was possible and the order is rightly passed. 2.

It is settled proposition of law that whenever an order prejudicial to the interest of any party is passed, principles of natural justice are required to be adhered. The impugned order is passed without notice to the petitioner and without hearing the petitioners. The said order cannot be sustained. 3.

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

The impugned order is quashed and set aside. The Respondent Committee shall, after hearing the petitioners, pass orders in respect of 1/2

980&991 the said aspect, afresh.

ii. The petitioners shall appear before the committee on 9th March, 2015. iii. Writ petitions accordingly disposed of. No costs. (V. L. ACHLIYA, J.) ( S. V. GANGAPURWALA, J. ) JPC 2/2