Petitioner contested inoperative directions requiring reconsideration of a claim by Assistant Commissioner, High Court directed fresh decision after hearing within two months.
Directed Assistant Commissioner to re-examine petitioner's claim, grant hearing opportunity, and pass fresh decision within two months.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6843 OF 2016
Tathe Sharad Panditrao .. Petitioner - Versus - State of Maharashtra & Ors. ..Respondents
Mr. S.B.Deshmukh with R.Deshmukh for petitioner Ms. Nisha Mehra, AGP for State.
CORAM : SHANTANU S. KEMKAR & PRAKASH DEU NAIK JJ. DATE : 15th December 2016.
P.C.
1] Feeling aggrieved by the order dated 21st March 2013, Exh.I,
by which an ex parte decision has been taken by the Assistant Commissioner, Respondent No.3, the petitioner had approached the Deputy Divisional Commissioner, Social Welfare Department, Pune. The Deputy Divisional Commissioner vide letters dated 21st may 2013 and 3rd June 2015 had directed the Assistant Commissioner, Social Welfare Department, Dist. Solapur to reconsider petitioner's claim. But, as the same has not be reconsidered and no decision has been taken, the petitioner had to file this petition.
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2] Learned Counsel for the petitioner submits that this petition may be disposed of by directing the Assistant Commissioner to comply with the letters dated 21st May 2013 and 3rd June 2015 issued by the Deputy Divisional Commissioner and to take a fresh decision after giving opportunity of hearing to the petitioner.
3] Keeping in view the aforesaid limited prayer , we dispose of this petition by directing the Assistant Commissioner to re-examine the petitioner's claim and pass fresh orders uninfluenced by the decision, which he has already taken. The petitioner be given opportunity of hearing before taking any decision. Petitioner to appear before the Assistant Commissioner on 27th December 2016 at 11.00 a.m. The Assistant Commissioner to take decision within two months from the date of the appearance of petitioner before him. All contentions of the petitioner are kept open.
4] The petition is disposed of.
(PRAKASH DEU NAIK, J)
(SHANTANU S. KEMKAR, J)
2 issues framed by the court
Whether the Assistant Commissioner should be directed to comply with previous directions and reconsider the petitioner's claim with a hearing opportunity
Whether the petitioner's claim requires a fresh decision uninfluenced by the prior ex parte decision
1 provisions across 1 enactments
Tathe Sharad Panditrao
State of Maharashtra
SHANTANU S. KEMKAR
PRAKASH DEU NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
