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2025 DAILYLAW 2656 (BOM)

RAJAN NAGINDAS KAMDAR v. RAMCHANDRA ZIPRU MORE

WP/5427/2025 · 2026-08-20

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Judgment text

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908-1-WP-5427-25.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5427 OF 2025 WITH INTERIM APPLICATION NO. 1673 OF 2026 IN WRIT PETITION NO. 5427 OF 2025 Rajan Nagindas Kamdar & Anr. …Petitioners Versus Ramchandra Zipru More & Ors. …Respondents ---------- Mr. R.K. Mendadkar a/w Mr. Jagadish Kawale for the Petitioners. Mr. Sarosh Krishnan, Ms. Fatema Lokhandwala i/by Ms. Prakruti Joshi for the Applicant in IA/1673/26. Mr. Dushyant S. Pagare for the Respondent No. 1. Ms. Kavita N. Solunke, Addl. GP a/w Mr. V.G. Badgujar, AGP for the Respondent-State. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J DATE : 20 August 2026 ORDER : 1. By this Writ Petition, the Petitioners have sought quashing and setting aside of the impugned order dated 10th July 1/3 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.08.24 17:58:34 +0530 908-1-WP-5427-25.doc 2012 and consequential certificate of validity dated 19th July 2012 issued by Respondent No. 2-Scrutiny Committee. 2. Upon hearing of the learned Counsel for the parties and perusing the impugned order of the Respondent No. 2-Scrutiny Committee, we are of the view that the impugned order is nothing but a cryptic order i.e. without recording of reasons. Further, there is an observation in the impugned order that there is no need to handover the said case to the Vigilance Cell for home and school enquiry and the Applicant has also not been called for personal hearing before the Respondent No. 2-Scrutiny Committee. We consider such cryptic order to be not in accordance with law as well as the principles of natural justice. 3. In that view of the matter, we set aside the impugned order of the Respondent No. 2-Scrutiny Committee dated 10th July 2012 and remand the matter back to the Respondent No. 2-Scrutiny Committee for de novo hearing for considering the material on record and determining the tribe validity claim of the Respondent No.1. 2/3 908-1-WP-5427-25.doc 4. Further, the fresh order shall be passed in accordance with law. This exercise shall be carried out within the period of six months from today. 5. In view of setting aside of the impugned order dated 10th July 2012, consequential certificate of validity dated 19th July 2012 issued by the Respondent No. 2-Scrutiny Committee is also set aside. 6. Respondent No. 2-Scrutiny Committee shall also take into consideration the averments in the present Writ Petition. 7. The Writ Petition is accordingly, disposed of in these terms. There shall be no order as to costs. 8. In view of this order, Interim Application No. 1673 of 2026 does not survive and is also disposed of. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 3/3