Quashed

Nahalchand Laloochand Pvt. Ltd. and 2 Ors. v. the State of Maharashtra and 13 Ors.

Bombay HC16 Jul 2007WP/924/2007

Case brief

AI extract

What is this about?

In Writ Petition No. 924 of 2007, the High Court at Bombay addressed a petition challenging a caste certificate. While petitioners alleged violation of natural justice due to lack of annexures, the Supreme Court's counsel offered to provide documents and hear the petition on merits. Without prejudice to other rights, the Court set aside the orders, directed furnishing of documents within two weeks

What did the court decide?

Caste certificate dated 19.5.2004 and order dated 8.2.2007 set aside; annexures to be furnished within two weeks; subsequent hearings to be completed within four weeks.

Nahalchand Laloochand Pvt. Ltd. and 2… — Constitutional and Fundamental Rights | Bombay HC (2007)

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AJN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.924 OF 2007

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Nahalchand Laloochand Pvt. Ltd. & Ors.

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... Petitioners

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Vs.

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The State of Maharashtra & Ors.

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... Respondents

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Dr. Virendra Tulzapurkar with Mr. Virag Tulzapurkar i/b M/s. Doijode & Associates for the petitioners.

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Mr. R.D. Bindra i/b Mr. Shivajirao Patil for respondent No.5.

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Mr. P. Jadhav, A.G.P. for the State.

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CORAM : SWATANTER KUMAR, C.J. & SMT. RANJANA DESAI, J.

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DATED : JULY 16, 2007.

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P.C.:-

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While questioning the correctness of caste certificate dated 19/5/2004 and order dated 8/2/2007, the petitioners, inter alia, contend that there was apparent violation of principles of natural justice inasmuch as a copy of the vigilance report was given to them but the annexures, on the basis of which the report was prepared, were not supplied to them. It was further stated that no

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proper opportunity was given to the petitioners of being heard.

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AJN

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The learned A.G.P. appearing for the respondent-State states that without prejudice to their rights and contentions, the Respondent-Committee will be willing to hear the petitioners on merits and also provide them all the requisite documents, in advance.

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In view of this statement, nothing survives in this petition. Consequently, caste certificate dated 19/5/2004 and order dated 8/2/2007, both are set aside. The annexures/documents shall be furnished to the petitioners within two weeks from today. Thereafter, after hearing the petitioners, the respondent-Committee shall pass appropriate orders within four weeks, thereafter. Any construction that will be carried out shall be subject to the order that may be passed by the respondent-Committee.

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It is made clear that we are not interfering with the order on merits. The present order is passed in view of the concession made by the learned counsel appearing for the respondents without their rights and contentions. The writ petition is disposed of leaving the parties to bear their respective costs.

AJN

[CHIEF JUSTICE]

[SMT. RANJANA DESAI, J.]

Nahalchand Laloochand Pvt. Ltd. and 2 Ors. v. the State of Maharashtra and 13 Ors.

Case brief

What is this about?

What did the court decide?

Nahalchand Laloochand Pvt. Ltd. and 2 Ors. v. the State of Maharashtra and 13 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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