← Library
Bombay High CourtWP/15609/2025disposed off

Akhil Bharat Krishi Go Seva Sangh Throu. Vijayraj Keshrichand Mehta v. State Of Maharashtra Throu. Sec. Ministry Of Revenue And Forest Dept And ORS

2026-04-07Hon'Ble Shri Justice Milind N. Jadhav3 pages

Ajit IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15609 OF 2025 Akhil Bharat Krishi Go Seva Sangh Throu. Vijayraj Keshrichand Mehta

...Petitioner

Versus

State Of Maharashtra Throu. Sec.

Ministry Of Revenue And Forest Dept And Ors.

...Respondents

....................

 Mr. Vaibhav Joglekar i/b Mr. Namitkumar S. Pansare, Advocate for Petitioner.

 Ms. Sulbha Chipade, AGP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 07, 2026.

P.C.:

1.

Heard Mr. Joglekar, learned Senior Advocate for Petitioner and Ms. Chipade, learned AGP for Respondent-State. 2.

The Petitioner assails order dated 28.05.2025, inter alia, with rejects the claim of the Petitioner. The Petitioner made an application to the Collector on 08.01.2025, copy of which is appended at Exhibit-I to the Writ Petition, pursuant to the order passed by the Division Bench of this Court dated 10.10.2024 in Writ Petition No.2228 of 2021, copy of which is appended at Exhibit-H to the Writ Petition.

3.

The Collector has addressed a letter pursuant thereto dated

04.02.2025 to the SDO and the Tahsildar and received response in the form of reports dated 18.03.2025 and 21.03.2025 from the two authorities. These very reports are considered by the Collector while passing the impugned order and rejecting the claim of the Petitioner without hearing the Petitioner. Copies of these reports have admittedly not been given to the Petitioner.

4.

The application filed by Petitioner at page No.63 prima facie refers to a detailed compilation of documents in regard to the work done by the Petitioner for the purpose of setting up animal fodder camps in four villages, namely villages:- Manjare, Zodge, Chikhalohol and Dongrale, Tal. Malegaon, Dist. Nashik. Admittedly, the Collector, Nashik had issued orders dated 10.04.2019 and 24.04.2019 for operation of the aforementioned four fodder feeding camps by charitable institutions and Petitioner was appointed for the same. 5.

The details of the entire work undertaken by the Petitioner at the aforementioned four fodder feeding camps are all contained in the COD. It prima facie appears after reading the impugned order that primarily based upon the response received from the SDO and the Tahsildar, the impugned order is passed and the material which has been placed on the record by the Petitioner in the COD has not been considered at all. Neither Petitioner has been heard. 6.

The learned AGP is therefore requested by the Court to take

immediate instructions from the Collector and apprise the Court as to whether the reports which are considered by the Collector in the impugned order dated 28.05.2025 were given to the Petitioner for consideration and whether Petitioner was given a personal hearing. 7.

Averments in Clauses V to X to the Petition prima facie show that the Petitioner was not given notice of hearing and the impugned order has been passed in complete violation of the principles of natural justice.

8.

Needless to state that the Petitioner is entitled to be given the documents and material on which the authority has relied upon while passing the impugned order and also should be granted an opportunity of hearing. Appropriate instructions shall be taken by Ms. Chipade so that order can be passed for remand and fresh hearing before the Collector in accordance with law.

9.

Stand over to 9th April 2026. To be listed as 'First on Board'. [ MILIND N. JADHAV, J. ] Ajit