Remanded

Venkatesh Sadan Co-Operative Housing Society Limited v. State of Maharashtra (Revenue Department) and 3 Ors.

Bombay HC11 Dec 2017WP/3068/2017

Case brief

AI extract

What is this about?

The High Court set aside a non-speaking order passed by the Collector which rejected the petitioner's reply to a show cause notice by invoking natural justice and quashed the consequent demand notice.

What did the court decide?

Impugned order dated 4.10.2017 set aside; matter remanded to Collector; demand notice dated 24.11.2017 quashed.

Venkatesh Sadan Co-Operative Housing… — Constitutional and Fundamental Rights | Bombay HC (2017)

hvn

905-wpl-3414.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO. 3414 OF 2017

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Venkatesh Sadan Cooperative Hsg. Soc. Ltd. …. Petitioner

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Versus

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State of Maharashtra and Ors. … Respondents

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Mr. Milind Sathe, Sr. Advocate a/w Mr. Saket Mane, Mr.Vishesh Kalve i/by Vidhil Partners for the petitioners.

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Mr. G.W. Mattos, AGP for respondent State.

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CORAM : SHANTANU KEMKAR & R.G. KETKAR, JJ. DECEMBER 11, 2017

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P.C.:

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Challenging the order dated 4.10.2017 Exhibit “B” passed by

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the Collector, Mumbai Suburban Districts, Mumbai whereby petitioner's reply Exhibit “N” to the show cause notice dated 10.1.2017 Exhibit “M” has been rejected, the petitioner has filed this petition.

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According to Mr. Sathe, learned senior counsel for the petitioner, the impugned order is a non speaking order and there is no consideration whatsoever of various grounds raised by the

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petitioner in his reply to the show cause notice.

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905-wpl-3414.2017

We have gone through the impugned order and we find that the same is a cryptic order as there are no reasons and the order has been passed mechanically without adverting the grounds raised by the petitioner in reply to the show cause notice. In view of the same, we have no option but to set aside the impugned order and remand the matter back to the Collector, Mumbai Suburban Districts for taking a fresh decision after giving due opportunity of hearing to the petitioner.

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As a result, we allow the writ petition by setting aside the impugned order dated 4.10.2017 Exhibit “B” and remand the matter back to the Collector for taking a fresh decision. As a consequence of setting aside the impugned order, the demand notice dated 24.11.2017 Exhibit “B1” stands quashed. Petitioner to appear before the Collector on 9.1.2018. The Collector, there after shall fix a date for hearing and pass a fresh speaking order in the matter as expeditiously as possible.

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With the aforesaid directions, Writ Petition is disposed of.

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(R.G. KETKAR, J.) (SHANTANU S. KEMKAR, J.)

Venkatesh Sadan Co-Operative Housing Society Limited v. State of Maharashtra (Revenue Department) and 3 Ors.

Case brief

What is this about?

What did the court decide?

Venkatesh Sadan Co-Operative Housing Society Limited v. State of Maharashtra (Revenue Department) and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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