Bharati Prakash Bagul Alias Bharati Yogesh Chavan v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:16254-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7329 OF 2025 BHARATI PRAKASH BAGUL ALIAS BHARATI YOGESH CHAVAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Shri Yeramwar Sushant C., Advocate for the Petitioner. Ms. Saie S. Joshi, AGP for Respondent Nos.1 and 2/State. ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 25th June, 2025 Per Court :- 1.

The Petitioner is a house-maker. After marriage, the Petitioner moved to her marital home at Nashik and by communication dated 24.11.2021, she informed the Committee about her change of address. Yet, the Committee continued to enter into correspondences with the Petitioner on her old address and finally, delivered the impugned order, ex-parte. 2.

The learned AGP submits that earlier the claim was pending with the Nandurbar Committee. Thereafter, it was transferred to the Dhule Committee on 09.05.2022. The

*2* Petitioner's communication to the erstwhile Nandurbar Committee is dated 24.11.2021. In view of this, an ex-parte judgment was delivered by the Committee.

3.

Considering peculiar facts as above and keeping in view that biological brothers of the Petitioner, namely, Dhiraj Prakash Bagul and Dinesh Prakash Bagul, have received their Validity Certificates on 17.03.2004 and 17.06.2002, respectively, that we find that the impugned order dated 16.01.2023 is required to be interfered with so as to grant an opportunity of hearing to the Petitioner.

4.

In view of the above, this Writ Petition is allowed with the following directions :- (a) The impugned decision dated 16.01.2023 received by the Petitioner on 20.03.2025, is quashed and set aside. The validation proceedings are restored to the file of the concerned Committee.

(b) Considering the peculiar circumstances and the fact that two biological brothers have been granted Validity Certificates, we deem it appropriate to direct the Scrutiny

*3* Committee to re-decide the claim of the Petitioner, by giving her an opportunity to participate in the said proceeding, on or before 31.12.2025.

(c) For easy correspondence, the Petitioner tenders her email address as well as cellphone number, as under:- Email:- ychavan446@gmail.com Cellphone number:- 9004656298 (d) The Petitioner would render cooperation to the Committee and would refrain from seeking adjournment on unreasonable or trivial ground.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)