Ramchandra Maharaj Seva Bhavi ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 15781 Bom

                                      1                          wp3344.20

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          NAGPUR BENCH : NAGPUR


                    WRIT PETITION NO.3344 OF 2020


Ramchandra Maharaj Seva Bhavi
Bahu Uddeshiya Sanstha, Ganeshpur,
Taluq Khamgaon, District Buldhana,
bearing Registration No.3976/Buldhana/
F-996, through its Member Shri Vijay
Raghoji Kokre, aged 45 years, at post
Ganeshpur, Taluq Khamgaon,
District Buldhana 444 303.                            ...     Petitioner

       - Versus -

1)   The State of Maharashtra, through
     Additional Chief Secretary,
     Tribal Development Department,
     Madam Cama Road, Hutatma
     Rajguru Chowk, Mantralaya,
     Mumbai 400 032.

2)   The Commissioner, Tribal
     Development, Maharashtra State,
     Adiwasi Vikas Bhavan, 1st Floor,
     Gadkari Chowk, Old Agra Chowk,
     Nashik.

3)   The Additional Commissioner,
     Tribal Development, Opposite Police
     Headquarters, behind T.B. Hospital,
     Camp Amravati.                             ...         Respondents

                -----------------
Shri A.M. Sudame, Advocate for petitioner.
Shri D.P. Thakare, Additional Government Pleader for respondents.
                ----------------




 ::: Uploaded on - 15/11/2021                ::: Downloaded on - 16/11/2021 06:07:20 :::
                                             2                        wp3344.20


                                CORAM : SUNIL B. SHUKRE AND
                                        ANIL L. PANSARE, JJ.

DATED : NOVEMBER 15, 2021

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Heard Shri Sudame, learned Counsel for the petitioner and

Shri Thakare, learned Additional Government Pleader for the

respondents.

2) Rule, returnable forthwith. Heard finally by consent of the

learned Counsel for the parties.

3) On carefully perusing the impugned order dated 11/9/2020,

we are convinced that the same has been passed without applying

mind to the effect of the judgment of this Court, rendered on

11/7/2019 in Writ Petition No.7284/2017. This Court had then

quashed and set aside the original order of withdrawal of recognition

passed by the Commissioner, Tribal Development, Nashik on

5/11/2016 and, therefore, the order passed by the State Government

in appeal confirming the order dated 5/11/2016 passed by the

Commissioner, Tribal Development had also ceased to exist. That

being so, it was necessary for the State Government to take a fresh

decision on the appeal filed afresh by the petitioner after a fresh

3 wp3344.20

order was passed by the Tribal Commissioner on 30/12/2019, but

this has not been done by the State Government. The impugned

order dated 11/9/2020 is, therefore, illegal and it must go.

4) In the result, the petition is allowed. The impugned order

dated 11/9/2020 is hereby quashed and set aside. The respondent

no.1 is directed to decide the appeal bearing No.155/2020 filed on

14/2/2020 afresh, in accordance with law, after hearing the

petitioner. The petitioner is directed to appear before the

respondent no.1 on 29/11/2021 and the respondent no.1 is directed

to decide the appeal afresh, in accordance with law as early as

possible, preferably within eight weeks from the date of appearance

of the petitioner before respondent no.1. Rule accordingly. No

costs.

           JUDGE                                                JUDGE




khj