Narendra Subhash Nilawad Through ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9637 Bom

2023:BHC-AUG:19888-DB




                                                      1                                 wp 11473.23

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                     WRIT PETITION NO. 11473 OF 2023

                          Neha Subhash Nilawad
                          Through Power of Attorney Holder
                          Maroti Baliram Nilawad                            ..   Petitioner
                               Versus
                          The State of Maharashtra and another              ..   Respondents

                 Shri Sunil M. Vibhute, Advocate for the Petitioner.
                 Shri S. G. Sangle, A.G.P. for the Respondent Nos. 1 and 2.

                                                 WITH
                                     WRIT PETITION NO. 11507 OF 2023

                          Narendra Subhash Nilawad
                          Through Power of Attorney Holder
                          Maroti Baliram Nilawad                            ..   Petitioner
                               Versus
                          The State of Maharashtra and another              ..   Respondents

                 Shri Sunil M. Vibhute, Advocate for the Petitioner.
                 Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 2.


                                           CORAM :    MANGESH S. PATIL AND
                                                      SHAILESH P. BRAHME, JJ.

DATE : 13 SEPTEMBER 2023.

FINAL ORDER :

. Heard learned advocate for the petitioners as also the learned Assistant Government Pleader finally.

2. The petitioners' certificates of validity have been confiscated and cancelled. However, not in their own proceedings

2 wp 11473.23

which are still pending with the respondent/Scrutiny Committee, but while considering the claim of one blood relation namely Shivjit Uttam Nilawad. Same similar blood relation whose certificates were also confiscated and cancelled in the self same judgment had assailed that order. Even Shivjit himself had assailed that order. By a common judgment dated 07 September 2023, we have quashed and set aside the self same order. Shivjit was directed to be granted certificate of validity subject to usual conditions and to the extent of validity holders the matters were remanded to the Scrutiny Committee for taking decision in their own respective matters where they were served with the show cause notices as to why their certificates of validity should not be confiscated and cancelled.

3. For the self same reasons, we allow these petitions also partly and remand the petitioners' matters to the Scrutiny Committee for taking appropriate decision in accordance with law in their respective matters. The petitioners shall appear before the Scrutiny Committee on 18 September, 2023. The writ petitions are disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]

bsb/Sept. 23