Dinesh Pandharinath Tawar (Patil) v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10245 OF 2014 DINESH PANDHARINATH TAWAR (PATIL)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Gunale V.D.

AGP for Respondent State: Mr.K.G.Patil ...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 21st January, 2015.

PER COURT :

Mr.Gunale, learned counsel submits that against rejection of the application seeking issuance of the caste certificate as belonging to Rajput Bhamta, V.J.N.T., the petitioner had filed an appeal before the committee, however, the committee without notice to the petitioner and without hearing the petitioner has dismissed the appeal. Mr.Patil, learned Additional Government Pleader submits that the petitioner had not filed any supporting documents except the transfer certificate and the caste certificate issued to his relatives, the committee has rightly passed the order. 2] While deciding the appeal, the committee is bound to hear the petitioner. However, the order is passed without hearing the petitioner, the same tantamounts to violation of principles of natural justice.

{2} wp10245-14.odt 3] In light of that, impugned order passed by the committee is quashed and set aside. Parties are relegated before the committee. The petitioner shall appear before the committee on 10/2/2015. The petitioner is allowed to file such documents on which he wants to place reliance. The committee shall after hearing the petitioner, decide the proceeding expeditiously preferably within four months from the date of appearance. Writ Petition is disposed of with above directions. No costs.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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