Advocates:
['PATIL SHASHIKIRAN N', 'COPY SERVED ON GP', '', 'TELE ASHOK B', 'GP', 'R & SERVED']

1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 7481 OF 2014

BHARAT NAMDEVRAO HATMODE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner : Mr. S.N.Patil

AGP for Respondents 1,4 : Mr. K.J.Ghute Patil

Advocate for Respondent 2 : Mr. A.B. Tele

Advocate for Respondent 3 : Mr. R.S.Kasar

...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: October 29, 2014

...

PER COURT :-

1.

Rule. Rule made returnable forthwith. With the

consent of parties, taken up for final hearing.

2.

Learned counsel for the petitioner submits that his

Tribe certificate has been cancelled and confiscated by the

committee on the ground that the authority issued the said

certificate had no jurisdiction. According to the learned counsel

said oder is passed without hearing to the petitioner and without

notice to the petitioner.

3.

Mr. Tele, the learned counsel for respondent no.2

submits that documents on record were crystal clear pursuant to

which no other view was possible. Committee has rightly decided

the same.

4.

It is the cardinal and fundamental principal of

jurisprudence that when an order adverse to the interest of any

party is being passed adherence to the principle of natural justice

is must.

2

5.

In the present case, tribe certificate issued in favour

of the petitioner has been cancelled and confiscated even without

notice to the petitioner and without hearing to the petitioner.

Such an order cannot sustain and is quashed and set aside. The

petitioner is relegated before the Committee. The petitioner shall

appear before the Committee on 20.11.2014. The committee shall,

after hearing the petitioner, decide and pass order afresh.

6.

Rule is accordingly made absolute. No costs.

( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. )

...

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