Babasaheb S/O Kisanrao Goje vs The State Of Maharashtra And ...
2016 Latest Caselaw 6820 Bom

                                                                                          1                          Cr.W.P. 1376.2016 - [J]


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD




                                                                                                                           
                            CRIMINAL WRIT PETITION NO. 1376 OF 2016




                                                                                           
                                     Babasaheb s/o Kisanrao Goje




                                                                                          
                                     Age : 54 Yrs., Occ. : Business,
                                     R/o : G.No. 326, Plot No. 164,
                                     Village Kumbhephal, Tq. and




                                                                      
                                     Dist. Aurangabad.                                              ..... PETITIONER
                                             ig                        VERSUS
                                           
                                      01.        The State of Maharashtra


                                      02.        District Magistrate                         and
        


                                                 Collector, Aurangabad.
     



                                      03.        The Additional Collector
                                                 (RDC), Aurangabad.





                                      04.        Dy.Collector/Sub.
                                                 Divisional Officer,





                                                 Aurangabad.                                 ...... RESPONDENTS


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

                                     Mr. P.R.Katneshwarkar h/f Mr. C.V.Thombre,
                                     Advocate for Petitioner.
                                     Mr. P.N.Kutti, A.P.P. for Respondents - State.
                                                           ..............................



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                                                                                           2                          Cr.W.P. 1376.2016 - [J]


                                                                                      CORAM : Z.A.HAQ, J.

DATE OF JUDGMENT : 30th NOVEMBER, 2016

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

ORAL JUDGMENT :

01. Rule. Rule made returnable forthwith.

02. Heard Mr. P.R.Katneshwarkar, learned

Advocate holding for Mr. C.V.Thombre, learned

Advocate for the Petitioner and Mr. P.N.Kutti, learned

A.P.P. for Respondents.

03. One of the grievance of the petitioner is

that the application submitted by him for renewal of

the performance licence is rejected without making it

known to the petitioner on what documents the

respondent/authority was relying to reject the

application and without granting hearing to him.

04. As the impugned order is in violation of

principles of natural justice, it is unsustainable and is

required to be set aside.

Hence, the following order:

                                                                                           3                          Cr.W.P. 1376.2016 - [J]


                          (i)                    The impugned order is set aside.




                                                                                                                           
                          (ii)                   The          matter is remitted                            to       respondent




                                                                                           

No. 02 - District Magistrate and Collector,

Aurangabad for considering the

application submitted by the petitioner

afresh and for deciding it after granting

hearing to the petitioner.

(iii) ig The application be disposed of within 2

months.

(iv) The petitioner undertakes to appear before

the learned District Magistrate on

16/12/2016 at 11.00 a.m.

(v) Rule is made absolute in the above terms.

(vi) In the circumstances, parties to bear their

own costs.

[Z.A.HAQ, J.]

KNP/Cr.W.P. 1376.2016 - [J]