Shardabai Gajanan Gawade v. The State Of Maharashtra And Others

1 wp 13827.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13827 OF 2018 SHARDABAI GAJANAN GAWADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S. P. Salgare h/f. Mr. Gaware Niteen V.

Addl.GP for Respondents No.1 & 2 : Mr. P. S. Patil Advocate for Respondent No. 3 :

Mr. A. A. Nimbalkar h/f. Mr. S. R. Zambare CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th JANUARY, 2019 PER COURT :

1.

We have heard Mr. Salgare, learned Advocate for the petitioner and the learned Additional Government Pleader for respondents no. 1 and 2, so also, Mr. Nimbalkar, learned Advocate h/f. Mr. Zambare, learned Advocate for respondent no. 3. 2.

The petitioner assails the validity certificate issued in favour of respondent no. 3. 3.

The petitioner has already approached the scrutiny committee by filing the complaint on the ground that fraud has been committed by respondent

2 wp 13827.18 no. 3 by obtaining the validity.

4.

In case, the case of the fraud is made out, then the scrutiny committee has powers to reconsider the validity certificate issued. 5.

The petitioner has already approached the scrutiny committee. The scrutiny committee shall consider the complaint filed by the petitioner. It shall also hear the petitioner and respondent no. 3 and thereafter take decision as to whether the proceeding granting the validity certificate to respondent no. 3 is required to be re-opened. 6.

Needless to state, on any decision taken thereupon; parties are entitled to agitate.

7.

Needless to state, the scrutiny committee shall act expeditiously, and preferably the said decision shall be taken within six (6) months. 8.

With these observations, the writ petition stands disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe