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Bombay High CourtWP/11473/2023disposed off

Neha Subhash Nilawad Through Power Of Attorney Holder Maroti Baliram Nilawad v. The State Of Maharashtra Through Its Secretary And Another

2023-09-13Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

1 wp 11473.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11473 OF 2023 Neha Subhash Nilawad Through Power of Attorney Holder Maroti Baliram Nilawad .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 and 2. WITH WRIT PETITION NO. 11507 OF 2023 Narendra Subhash Nilawad Through Power of Attorney Holder Maroti Baliram Nilawad .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 2. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

13 SEPTEMBER 2023.

FINAL ORDER :

.

Heard learned advocate for the petitioners as also the learned Assistant Government Pleader finally. 2.

The petitioners' certificates of validity have been confiscated and cancelled. However, not in their own proceedings

2 wp 11473.23 which are still pending with the respondent/Scrutiny Committee, but while considering the claim of one blood relation namely Shivjit Uttam Nilawad. Same similar blood relation whose certificates were also confiscated and cancelled in the self same judgment had assailed that order. Even Shivjit himself had assailed that order. By a common judgment dated 07 September 2023, we have quashed and set aside the self same order. Shivjit was directed to be granted certificate of validity subject to usual conditions and to the extent of validity holders the matters were remanded to the Scrutiny Committee for taking decision in their own respective matters where they were served with the show cause notices as to why their certificates of validity should not be confiscated and cancelled.

3.

For the self same reasons, we allow these petitions also partly and remand the petitioners' matters to the Scrutiny Committee for taking appropriate decision in accordance with law in their respective matters. The petitioners shall appear before the Scrutiny Committee on 18 September, 2023. The writ petitions are disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Sept. 23