Aashish Murlidhar Upadhyaya v. State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:5685

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO. 6417 OF 2024 AASHISH MURLIDHAR UPADHYAYA

VERSUS

STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr. R. J. Godbole, Advocate for the petitioner Mr. B. R. Kawre, Advocate for respondent Nos.2 and 3.

CORAM

: R. M. JOSHI, J.

DATE : 27th FEBRUARY, 2025 PER COURT :- 1.

This petition takes exception to the order dated 31/07/2023 passed by the School Tribunal in Contempt Petition No. 10/2018 only on the ground that the order passed by the Tribunal is unreasoned order. 2.

Learned counsel for the petitioner submits that there is not even a single line reasoning given by Tribunal for passing the order impugned.

3.

Though learned counsel for the respondents sought to support the said order, he was unable to show any reason recorded from the order to justify the same.

4.

It is for the Tribunal to decide any application on merit by recording reason. Unreasoned order cannot sustain. This Court has gone 932.wp6417.24.odt

through the order impugned. It contains ten paragraphs but not a word justifying the order.

5.

Hence, it is set aside. The Application Exhibit 22 relegated back to Tribunal for decision afresh. Since the issue of subsistence allowance is involved herein, the Tribunal to decide Application in accordance with law within a period of one month from today. 6.

Petition is allowed in above terms.

(R. M. JOSHI, J.) ssp 932.wp6417.24.odt