Pushpanjali N Shinde v. The Sub Divisional Officer And ANR

ssm 9-wp9780.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9780 OF 2024 Pushpanjali N. Shinde .....Petitioner.

Vs.

The Sub Divisional Officer & Ors.

.....Respondents _____________________________________________ Mr. Amit A. Karande for the Petitioner.

Smt. Leena Patil, "B" Panel Advocate for the Respondent No.1-State. ___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 24th JANUARY, 2025.

P.C.:- 1) Learned AGP on instructions fairly conceded to the fact that before passing the impugned Order dated 5th February, 2024 (Exh-J), by the Respondent No.1, the Petitioner was not heard. 2) In view thereof, with a view to comply with the principles of natural justice i.e. granting the Petitioner a hearing, the impugned Order dated 5th March, 2024 passed by the Respondent No.1 is set aside and the case No.Kra/Jamin/KaVi/316/2024 is remanded back to the Respondent No.2 for hearing it afresh.

1/2

ssm 9-wp9780.2024.doc 3) Respondent No.1 shall grant a hearing to the Petitioner in the matter.

4) All the contentions of both the parties are expressly kept open. 5) Petition is disposed off in the aforesaid terms. (KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2025.01.30 19:09:13 +0530 SANJIV SHARNAPPA MASHALKAR 2/2