Ujwala Gangadhar Pupale v. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2032/2015 Ujwala Gangadhar Pupale Age Major, Occu-Service, R/o : At post Krishnai Green Park, Gangakhed Road,Parbhani Tq. & Dist.Parbhani .. PETITIONER

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Scheduled Tribe Certificate Scrutiny Committee,Aurangabad Through its Member Secretary Executive Magistrate, Parbhani, Tq. & Dist.Parbhani (Copies of Respondent No.1 & 2 to be served through office of Govt.Pleader,Bombay High Court Bench at Aurangabad) .. RESPONDENTS ...

Mr.S.B.Phatale,Adv. for petitioner Mr.A.B.Tele,Adv. For respondent no.1 Mr.V.D.Rakh,AGP for respondent no.2 ...

WRIT PETITION NO.2044/2015 Abhishek Anil bodle Age 22 years, Occu-Education R/o : Mayurban Colony, B-9 Shahanurwadi, Aurangabad Tq. & Dist.Aurangabad .. PETITIONER

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Scheduled Tribe Certificate Scrutiny Committee,Aurangabad

-2Through its Member Secretary Deputy Collector, Aurangabad (Copies of Respondent No.1 & 2 to be served through office of Govt.Pleader,Bombay High Court Bench at Aurangabad) .. RESPONDENTS ...

Mr.S.B.Phatale,Adv. for petitioner Mr.K.D.Bade Patil,Adv. For respondent no.1 Mr.V.D.Rakh,AGP for respondent no.2 ...

WRIT PETITION NO.2045/2015 Raju Bapurao Chinchalwad Age 33 years,, Occu-Service, R/o : At post Manvat, Tq.Manvat Dist.Parbhani .. PETITIONER

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Scheduled Tribe Certificate Scrutiny Committee,Aurangabad Through its Member Secretary Executive Magistrate, Udgir, Tq. Udgir, Dist.Latur (Copies of Respondent No.1 & 2 to be served through office of Govt.Pleader,Bombay High Court Bench at Aurangabad) .. RESPONDENTS ...

Mr.S.B.Phatale,Adv. for petitioner Mr.A.B.Tele,Adv. For respondent no.1 Mr.V.D.Rakh,AGP for respondent no.2 ...

-3CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 23rd February, 2015.

ORAL JUDGMENT (PER S.V. GANGAPURWALA, J.):

Rule. Rule made returnable. With consent of parties Petitions are taken up for hearing.

Mr. Phatale, learned advocate submits that respondent No. 1 committee has cancelled and confiscated the tribe certificate of the petitioners, without issuing notice to the petitioners and without hearing them.

3] Mr. Bade Patil, learned advocate for respondent No. 1 Committee submits that the documents on record were explicitly clear and no other view could be possible.

4] It is trite that when any order, adverse to the interest of any party is passed, the principle of audi alterm paterm is required to be adhered.

5] The impugned order is passed without notice to the petitioners and without hearing the petitioners, such order cannot be sustained.

6] In view of above, we pass following order:

-4ORDER a] Impugned order is quashed and set aside.

b] The petitioners are relegated before respondent No. 1 committee.

c] Respondent No. 1 committee shall decide said aspect afresh, after hearing the petitioners.

d] The petitioners shall appear before the committee on 12th March,2015.

7] Writ petitions stand disposed of accordingly. Rule is made absolute in aforesaid terms with no order as to costs. [V. L. ACHLIYA, J.] [S. V. GANGAPURWALA, J.]