Neha Nalinkumar Yadgirikar v. The State Of Maharshtra, Through The Secretary And ORS..
939-12491-17.sxw BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12491 OF 2017 Neha Nalinkumar Yadgirikar ..... Petitioner.
V/s The State of Maharashtra and Others ..... Respondents.
Mr. Ashwin V. Sakolar for the Petitioner.
Mr. S.B. Kalel, AGP for Respondent Nos. 1 and 2. Mr. Ranjit Thorat, Sr. Counsel a/w Mr. P.M. Patil for Respondent No.2. BMC.
CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.
DATE: 16th FEBRUARY, 2018 P.C.: 1] Rule. Rule is made returnable forthwith. Respondents waive service. Heard, by consent of parties.
2] Perusal of the material placed on record would reveal that, pre constitutional documents seem to have not been properly considered by the Scrutiny Committee.
3] The impugned order is therefore quashed and set aside. The matter is remitted to Respondent - Scrutiny Committee for considering 1/2
939-12491-17.sxw afresh. Needless to state that, the Scrutiny Committee would be bound to take into consideration the preconstitutional documents submitted by the Petitioner pertaining to his forefathers. It is further directed that, if decision of the Respondent - Scrutiny Committee is adverse to the interest of the Petitioner, no coercive steps be taken against the Petitioner for a period of three weeks from the date of the said order.
4] Rule is made absolute in the aforesaid terms. (B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. ) 2/2