SMT. KAMLABAI NAMDEO CHAVAN v. STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS
WP/7760/2015 · 2025-02-24
Kamal Khata, Shri A S Gadkari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40630 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40630 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
sns 15-aswp-7760-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7760 OF 2015 Kamlabai Namdeo Chavan … Petitioner. V/s. State of Maharashtra & Ors. … Respondents.
Mr. Ravindra Vishnu-Laxmi Sankpal i/by R.V. Sankpal & Associates for the Petitioner. Mr. A.A. Alaspurkar, AGP, for the Respondent-State. Mr. D.S. Patil (Law Officer), District Caste Scrutiny Committee, Sindhudurg- present.
CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 24th February 2025. P.C.:- 1) Perusal of record clearly indicates that the Petitioner was not afforded an opportunity of being heard before passing the Judgment and
Order dated 15th June, 2012 by the Divisional Caste Scrutiny Committee No.2, Ratnagiri. Paragraph No.11 of the said Judgment makes it apparently clear. 2) In view thereof, without entering into the merits of the Petition we set aside the impugned Judgment and Order dated 15th June, 2012 and restore the file of the Petitioner before the Divisional Caste Scrutiny Committee No.2, Ratnagiri. 1/2 SUMEDH NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2025.02.26 10:39:09 +0530
sns 15-aswp-7760-2015.doc 3) The concerned Caste Scrutiny Committee will hear the Petitioner before passing a final Order. 4) It is made clear that hereinafter the Petitioner will not get a fresh notice of hearing and it will be the duty of the Petitioner to follow-up her own matter with the concerned Caste Scrutiny Committee. 5) The Petitioner shall appear before the Divisional Caste Scrutiny Committee No.2, Ratnagiri on 5th March, 2025 between 11.00 to 11.30 a.m. 6) As noted earlier, the impugned Judgment and Order is set aside only on the ground of non-compliance of principles of natural justice i.e. the rule of ‘audi alteram partem’ and none else. We believe that, the Caste Scrutiny Committee will consider the contentions of both the parties as per the provisions of law. 7) Petition is partly allowed in the aforesaid terms (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2