Sudarshan Chemical Industries Ltd. Thr. Its Authorized Signatory v. Raigad District Security Guards Board Thr. Its Chairman

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11529 OF 2024 Sudarshan Chemical Industries Ltd.

Thr. Its Authorized Signatory

...Petitioner

Versus

Raigad District Security Guards Board Thr. Its Chairman

...Respondents

WITH WRIT PETITION NO.11406 OF 2024 WITH INTERIM APPLICATION (ST) NO.4123 OF 2026 IN WRIT PETITION NO.11406 OF 2024 Mr. Vaibhav P. Patankar for Petitioner (through V.C). Mr. Bapusaheb Dahiphale A.G.P. for State.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 26, 2026.

ORDER :

1.

Rule. Taken up for final hearing by consent of the parties. 2.

In Writ Petition No. 11406 of 2024, the State had filed a reply dated January 2025, bringing on record a letter dated October 27, 2023, issued by Respondent No.2, the Raigad District Security Guards Board, requesting the State not to proceed further with implementation of the

Recovery Certificate as if the amounts claimed in the order impugned in that Petition were arrears of Land Revenue.

3.

The last paragraph of the said letter had made it clear that the Petitioner had sought a personal hearing and, based on his grievance that a personal hearing had not been given, the Recovery Certificate was directed not to be acted upon. This was held to constitute an acknowledgment of the fundamental ground raised in the Petition, that the Petitioner was never heard. Therefore, the Writ Petition was disposed of, quashing and setting aside the Impugned Order. 4.

Writ Petition No. 11529 of 2024 stands on an identical footing and the Learned AGP, upon taking instructions, submits that the same order as passed in case of Writ Petition No. 11406 of 2024 may be passed in the instant Petition as well.

5.

The reason for keeping Writ Petition No.11529 of 2024 separate was that no such reply had been filed. Now that instructions are available, and both the Petitions are to be treated alike, it is made clear that the Impugned Orders in both the Petitions are quashed and set aside, leaving it to the authorities to effect due process by granting a personal hearing, should there be a need for taking any further action.

6.

In these circumstances, the Impugned Order in both the Petitions stand quashed and set aside, with liberty to take out appropriate proceedings in accordance with law. Accordingly, the Petition is finally disposed of. Consequently, any pending interim application also stands disposed of.

7.

Rule is made absolute in the aforesaid terms. 8.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]