Jayant Laxmikant Choupane v. State Of Maharashtra Through The Additional Chief Secretary And ORS

Digitally signed by KAWRE KIRAN KALYAN Date:

2025.03.26 12:38:56 +0530 KAWRE KIRAN KALYAN 11-WP-10912-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10912 OF 2024 Jayant Laxmikant Choupane

...Petitioner

Versus

The State of Maharashtra Thr. The Additional Chief Secretary & Ors.

...Respondents

_______ Mr. Sandesh Sukhla a/w Vivek Patil, Ms. Anasamah Sayed, Afsar Ansari, Devesh Sawant i/b Vivek Patil & Associates for Petitioner. Ms. P. J. Gavhane, AGP for State.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

24 MARCH 2025 P.C.

1. The petitioner claims to be a beneficiary of a license issued to him as Electrical Supervisor. Copy of the license is annexed to the petition at page 30. It is stated that although his license is valid and subsisting and more particularly, considering the past events which have been set out in the petition, as the petitioner had made complaints against some officials there is likelihood that his license may be cancelled without the petitioner being issued a show cause notice and being heard in adherence to the principles of natural justice.

2. In this view of the matter, the learned counsel for the petitioner submits that the only prayer which he would press is prayer clause (b) of the petition which reads thus:

24 March 2025 Kiran Kawre

11-WP-10912-2024.DOC "(b) In the alternative to above prayer-clause (a), to issue Writ of Mandamus or any appropriate Writ, Order or Direction of the same or similar nature under Article 226 of the Constitution of India to direct Respondents to observe the principles of natural justice by permitting to make written as well as oral representation to show cause, in case any action is proposed against the Petitioner vis-avis Electrical Supervisor certificate No. MS 20280 and being the Electrical Supervisor certificate 20280 (Exhibit "C-colly" herwith);"

3. Having heard learned counsel for the parties and having perused the record, we are of the opinion that in the event, the respondents intends to initiate any action against petitioner for cancellation of the license, they need to issue a show cause notice and the petitioner be heard on such show cause notice, after an opportunity is granted to him to file a reply to the show cause notice and only thereafter an appropriate orders can be passed.

4. In this view of the matter, we dispose of this petition in terms of the aforesaid observations. No costs.

5. All contentions of the parties are expressly kept open. (ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 24 March 2025 Kiran Kawre