Kishor Pradeep Sultane And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7831 OF 2019 SWAPNIL PANDURANG INGOLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :

Mr. Deshmukh Shambhuraje V.

AGP for Respondents No. 1 & 2 : Mr. S. B. Yawalkar Advocate for Respondent No. 3 : Mr. N. U. Yadav Advocate for Respondents No. 4 & 5 :

Mr. A. A. Nimbalkar ...

WRIT PETITION NO. 7832 OF 2019 KISHOR PRADIP SULTANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :

Mr. Deshmukh Shambhuraje V.

AGP for Respondents No. 1 & 2 : Mr. S. B. Yawalkar Advocate for Respondent No. 3 : Mr. N. U. Yadav Advocate for Respondents No. 4 & 5 :

Mr. A. A. Nimbalkar ...

WRIT PETITION NO. 7833 OF 2019 SANTOSH BHUJANGRAO RANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :

Mr. Deshmukh Shambhuraje V.

AGP for Respondents No. 1 & 2 : Mr. S. B. Yawalkar Advocate for Respondent No. 3 : Mr. N. U. Yadav Advocate for Respondents No. 4 & 5 :

Mr. A. A. Nimbalkar ...

2 wp 7831.19+ CORAM:S. V. GANGAPURWALA & SMT. VIBHA KANKANWADI, JJ.

DATE: 14 th OCTOBER, 2019 PER COURT:

1.

The learned counsel for the petitioners submits that the petitioners were granted approval to their appointment under order dated 16.05.2015. After two years on 09.06.2017, the approval granted to the petitioners came to be cancelled. The learned counsel submits that the same is without notice to the petitioners.

2.

The learned counsel for respondent no. 3 submits that the respondent would give hearing to the petitioners.

3.

At the time of grant of approval there is no requirement of hearing to be given to the party. The same is an administrative act of the authority. However, once the approval has been granted and when the same is to be cancelled, at that time the principles of natural justice are required to be adhered to as the order would be adverse to the interest of the party.

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In light of the above, the impugned orders are quashed and set aside. The petitioners shall appear before the authority on 04.11.2019. The authority shall thereafter hear the petitioners and take decision on its own merits, expeditiously and preferably within a period of three (03) months thereafter.

5.

Writ Petitions stand disposed of accordingly. No costs.

[SMT. VIBHA KANKANWADI, J.] [S. V. GANGAPURWALA, J.] marathe