The High Court dismissed the writ petition challenging the cancellation of the petitioner's appointment as a presbyter, holding an alternate remedy exists.
Writ petition dismissed with liberty to approach the Court of the Diocese.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp 3810.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 3810 OF 2013
Rev. Damodhar Tukaram Khandare .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mrs. Madhubala B. Gangwal, Advocate for the Petitioner. Mrs. A. V. Gondhalekar, A.G.P. for the Respondent No. 1. The Respondent Nos. 2 and 3 served. Shri Gopal C. Navandar, Advocate for the Respondent No. 4.
CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ.
DATE : 09TH AUGUST, 2016.
PER COURT :
. The petitioner was appointed a presbyter in a diocese under order dated 01.12.1996. The appointment of the petitioner as a presbyter is cancelled under order dated 11.03.2013. The same is assailed in the present writ petition.
2 wp 3810.13
submits that, for the acts and misdeeds, order was passed and further submits that, the petitioner has remedy before the Court of diocese as per the Constitution of the Church of North India.
[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]
bsb/August 16
2 issues framed by the court
Whether an alternate remedy exists for the petitioner challenging the cancellation of his appointment as a presbyter.
Whether the High Court should examine the merits of the cancellation order without an alternate remedy.
Rev. Damodhar Tukaram Khandare
The State of Maharashtra
others
S. V. Gangapurwala
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
