Akshata Dilip Sonawane v. The State Of Maharashtra And Another

2024:BHC-AUG:14493-DB 1 41.WP-5447-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5447 OF 2022 WITH CIVIL APPLICATION NO.6900 OF 2024 AKSHATA DILIP SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Yeramwar Sushant C. AGP for Respondent/State : Mr. R.S. Wani ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 15 JULY 2024 PER COURT :

.

Heard.

2.

The petitioner is challenging the order of invalidation passed by the Scrutiny Committee.

3.

Learned advocate for the petitioner submits that since the petitioner could lay hands on some additional documents produced alongwith the application, since those documents were not before the Committee, the petitioner would merely pray for remanding the matter for decision afresh, granting him liberty to lead additional evidence.

4.

Learned AGP opposes the petition.

2 41.WP-5447-2022.doc 5.

We have perused the papers. Needless to state that it is a matter of social status, having the potential to affect the rights. If the petitioner has been able to lay hands on some additional documents to substantiate her claim, the opportunity cannot be denied. It would always be open for the Committee to undertake scrutiny of the documents being relied upon by the petitioner and if necessary, by resorting to even vigilance inquiry. Instead of shutting the doors at the threshold, it would be appropriate that the petitioner is granted an opportunity to substantiate the claim.

6.

The writ petition is allowed partly. The impugned order is quashed and set aside. The matter is remanded back to the Scrutiny Committee for decision afresh on its own merits. 7.

The Committee shall permit the petitioner to lead additional evidence and may, if it so thinks fit, resort to vigilance inquiry. 8.

The petitioner shall appear before the Committee on 01.08.2024. The Committee shall decide the proposal afresh as expeditiously as possible and in any case within three months from the date of appearance.

9.

The Civil Application is disposed of.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..