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2025 DAILYLAW 34833 (BOM)

MOTIRAM RAJARAM SALVE v. THE CHIEF EXECUTIVE OFFICER AND ANOTHER

WP/880/2024 · 2025-03-24

Shri R M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - wp880.24.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 43 WRIT PETITION NO. 880 OF 2024 Motiram Rajaram Salve ….Petitioner VERSUS The Chief Executive Officer & another …..Respondents ….. Mr. S. P. Dhobale, Advocate for the Petitioner. Mr. B. A. Shinde, AGP for the State. Ms. A. B. Kalbande, Advocate holding for Mr. M. V. Narwade, Advocate for Respondent Nos. 1 and 2. CORAM : R. M. JOSHI, J. DATE : 24th MARCH, 2025. PER COURT : 1. This petition takes exception to the order dated 06.02.2023 passed by the Additional Divisional Commissioner, Aurangabad in iz-dz-2022@fti@vfiy dz&1@flvkj&113, mainly on the ground that the Petitioner was not heard before passing of the said order. 2. In order to ascertain the said allegation, learned AGP was requested to find out as to whether the Petitioner was given any opportunity of hearing before passing of the impugned order. Learned AGP, was unable to show that Petitioner was heard before order impugned was passed. - 2 - wp880.24.odt 3. It is clear from record that the Petitioner was not heard before the order impugned came to be passed. Solely on this ground, the order impugned is set aside. The proceeding is relegated back to the Additional Commissioner for decision afresh. ( R. M. JOSHI) Judge dyb