Allowed

Dadu Goga Shinde v. Prakash Gangadhar Gamane and Anr.

Bombay HC3 Dec 2007WP/3548/2007

Case brief

AI extract

What is this about?

In a civil appeal arising from a Writ Petition, the High Court held that the revision application was not properly considered by the Minister as the D.I.L.R. report was not referred to. The court allowed the petition, setting aside the revisional order and remanding it for fresh consideration after notice.

What did the court decide?

The revisional order was set aside and the application was restored to the Minister's file for fresh orders after hearing the parties.

Dadu Goga Shinde Vs Prakash Gangadhar Gamane and Anr. — Bombay HC (2007) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3548 OF 2007

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Dadu Goga Shinde.. Petitioner
Versus
Prakash Gangadhar Gamane & Anr. .. Respondents

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Mr.Uday Warunjikar for petitioner
Mr.R.M.Patne, A.G.P. for State.

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CORAM :S.C.DHARMADHIKARI, J.
DATE:3rd December 2007

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P.C.

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.After this matter was argued for some

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time, Mr.Patne, learned A.G.P. could not point
out to me from the order of the learned Minister
that all issues and objections raised by the
parties have been duly noted and considered. The
grievance of the petitioner is that the Minister
called for the report from D.I.L.R. and which
report, although submitted to him, was not
considered and referred to in the impugned order.

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2.LearnedAdvocatefor petitioner,
therefore, invites my attention to all these
aspects and desires that this Court should go
into all these issues. In my view, that would
not be proper. Since the grievance principally
is that the Revision Application has not been
considered in accordance with law, interest of
justice would be sub-served if the revisional
order is set aside and the revision application
of the petitioner is restored to the file of the
Minister for being decided afresh after giving
notice to all concerned parties and hearing them.
The Minister to pass fresh orders without being
influenced by the earlier observations. Petition
allowed. parties to appear before the Minister
on 11th December 2007.

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(S.C.Dharmadhikari, J)

Dadu Goga Shinde v. Prakash Gangadhar Gamane and Anr.

Case brief

What is this about?

What did the court decide?

Dadu Goga Shinde v. Prakash Gangadhar Gamane and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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