Allowed

Baburao Shantappa Birajdar and Anr. v. Sadanand Koche, Collector and Anr.

Bombay HC25 Sept 2012WP/4905/2012

Case brief

AI extract

What is this about?

Two writ petitions challenging recovery communications issued by the Collector and Executive Engineer without prior hearing. The bench relied on related judgments to quash the impugned notices, directing the Collector to provide a hearing opportunity and complete an inquiry within two months.

What did the court decide?

Quashed the impugned communications dated 25th April 2012 and 13th June 2012; directed the Collector to provide an opportunity of hearing; set a timeline for the inquiry to be completed.

Baburao Shantappa Birajdar and Anr. Vs… — Public Procurement and Tenders | Bombay HC (2012)

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WP NOS.4905 & 5129 of 2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.4905 of 2012 WRIT PETITION NO.5129 of 2012

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Date of decision: 25/9/2012

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For approval and signature

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HON'BLE MR.JUSTICE NARESH H.PATIL HON'BLE MR.JUSTICE A.B.CHAUDHARI
1. Whether the Reporters of Local Papers may be allowed to see the Judgment ?	Yes
2. To be referred to the Reporter or not ?	No
3. Whether Their Lordships wish to see the fair copy of the Judgment ?	No.
4. Whether this case involves a substantial? question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ?	No.
5. Whether it is to be circulated to the Civil Judges ?	No.
6. Whether the case involves an important question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ?	No
Private Secretary AGP/4905 & 5129-12wp

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WP NOS.4905 & 5129 of 2012

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.4905 OF 2012

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1.Baburao Shantappa Birajdar,
Age: 51 years, Occ. Service as
Executive Engineer,
Beed Irrigation Division, Beed,
r/o Beed.

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2.Murlidhar Baburao Mhaske,
Age: 57 years, Occ. Service as
Sub-Divisional Officer,
Minor Irrigation Sub-Division,
Patoda, Dist. Beed,
r/o Patoda, Dist. Beed.

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...PETITIONERS

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VERSUS

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1.Shri Sadanand Koche, IAS,
Collector, Beed.

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2. The Collector, Beed.

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...RESPONDENTS

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...

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Mr. Ajay S.Deshpande, Advocate for the
petitioner.
Mr. V.H.Dighe, AGP for respondents.

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...

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WITH

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WRIT PETITION NO.5129 OF 2012

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1. Shridhar s/o Tukaram Kanherkar, Age. 54 years, Occu. Service as Sectional Engineer, Minor Irrigation Sub-Division, Patoda, Beed r/o Patoda Dist. Beed.

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...PETITIONER

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WP NOS.4905 & 5129 of 2012

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VERSUS

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1. The State of Maharashtra Through the Collector, Beed.

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2. The Collector, Beed Collector Office, Beed.

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3. The Executive Engineer, Beed Irrigation Division, Beed.

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...RESPONDENTS

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...

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Mr. S.P.Katneshwarkar, Adv., for the
petitioner.

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Mr. S.N.Kendre, AGP for respondent State.
Mr. S.G.Sangle, Adv., for respondent no.3.

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...

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CORAM: NARESH H.PATIL
AND
 A.B.CHAUDHARI, JJ.

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 DATE : 25/9/2012

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***

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ORAL JUDGMENT:(Per Naresh H.Patil, J.)

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1. Rule. Rule made returnable forthwith and heard finally, by consent.

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2.ThePetitionerschallengethe

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communication made by the Collector, Beed on 25th

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April, 2012, directing recovery from the
Petitioners, consequent to the order passed by
the Division Bench of this Court -
(CORAM:D.G. KARNIK & S.B. DESHMUKH, JJ.) in Writ

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4 WP NOS.4905 & 5129 of 2012

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Petition No.10672 of 2010, dated 21st March,

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2012.

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3.The learned A.G.P. has placed on record

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a copy of the communication made by the
Collector, Beed, dated 4th September, 2012. The

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same is taken on record and marked as "X" for
identification.ThelearnedA.G.P.,on

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instructions of Collector, Beed, makes a

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statement that all the Petitioners will be heard

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and thereafter appropriate orders on merits,
would be passed.

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4.In view of the reasoning adopted in the

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common judgment dated 24th Sept., 2012, in Writ
Petition Nos.4972/2012, 5131/2012, 5132/2012,
6717/2012 (Aurangabad Bench), we quash and set
aside the impugned communication dated 25th

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April, 2012, issued by the Collector, Beed, and

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the impugned communication dated 13th June, 2012,
issued by the Executive Engineer, Beed Irrigation

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Division, Beed. We direct that the Collector,

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Beed, shall provide an opportunity of hearing to
the Petitioners. The Petitioners shall be

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5 WP NOS.4905 & 5129 of 2012

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permitted to submit their written say. The
Petitioners shall be heard in person, too. The
Collector,Beed,shallthereafter,pass

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appropriate orders in accordance with record and
the say/reply submitted by the Petitioners.

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5.We direct the Petitioners to appear

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before the Collector, Beed on 8th October, 2012
at 11.00 a.m.

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6.The Collector, Beed shall complete the

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enquiry and pass appropriate brief, reasoned

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order, within TWO MONTHS from 8th October, 2012.

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7.The petitioners shall cooperate in the
enquiry that would be conducted by the Collector.

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In case the Petitioners are found to be

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prolonging the hearing of the matter, the
Collector, Beed is free to pass appropriate
reasoned order, on its own merits.

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8.Rule is made absolute in the above

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terms.

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[A.B. CHAUDHARI, J.] [NARESH H. PATIL, J.]

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agp/4905 & 5129-12wp

Baburao Shantappa Birajdar and Anr. v. Sadanand Koche, Collector and Anr.

Case brief

What is this about?

What did the court decide?

Baburao Shantappa Birajdar and Anr. v. Sadanand Koche, Collector and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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