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Bombay High Court

BALAJI TUKARAM YERAWARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

An order passed by the Chief Officer, Nagar Panchayat Mahur without giving the petitioners an opportunity of hearing and without notice is violative of the principles of natural justice and must be quashed.

Summary

The petitioners filed three writ petitions challenging orders dated 7 November 2017 and 22 September 2017 issued by the Chief Officer of Nagar Panchayat Mahur. They contended that they were not afforded any opportunity of hearing and no notice was served before the adverse orders were passed. The Court, without examining the merits, held that the failure to provide a hearing violated the principles of natural justice. Consequently, the Court partially allowed the petitions, quashed the impugned orders and remanded the matters to the Chief Officer for fresh consideration with a directive to grant a sufficient hearing. All petitions were thereafter disposed of.

Issues considered

  • Whether the petitioners were denied a hearing and notice before the impugned orders were passed by the Chief Officer, Nagar Panchayat Mahur
  • Whether the orders passed without hearing are violative of natural justice and liable to be set aside

Subjects

  • natural justice
  • right to hearing
  • writ petition
  • quashing order
  • administrative law
  • Nagar Panchayat
  • Maharashtra

Judgment

2026:BHC-AUG:23783

                                                                    907-909-WP-13831-2017.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               907 WRIT PETITION NO. 13831 OF 2017

                             Sanjay Sidheshwar Kancharlawar And Others
                                              VERSUS
                               The State Of Maharashtra And Another

                                               AND
                               908 WRIT PETITION NO. 14343 OF 2017

                                        Balaji Tukaram Yerawar
                                                VERSUS
                                 The State Of Maharashtra And Another

                                               AND
                               909 WRIT PETITION NO. 14354 OF 2017

                                   Rajani Kishor Jagtap And Another
                                               VERSUS
                                 The State Of Maharashtra And Another

                                               ...
          Mr. Shailendra Gangakhedkar for the Petitioners in all Petitions.
          Mr. B. A. Darak for Respondent No.2 in all Petitions.
          Mr. D. R. Korde, AGP for State in WP/13831/2017.
          Mr. R. B. Dhaware, AGP for State in WP/14343/2017.
          Mr. B. A. Shinde, AGP for State in WP/14354/2017.
                                               ...



                                             CORAM :       SIDDHESHWAR S. THOMBRE, J.
                                             DATE :        12 JUNE 2026

          P. C.:

          1.        Heard learned counsel for the Petitioners in all these Petitions.

          2.        The Petitioners raised a ground that before passing the adverse orders,

          the Petitioners were not heard by the Chief Officer, Nagar Panchayat Mahur
          Shubham                                                                   Page 1 of 2
                                                         907-909-WP-13831-2017.doc


and no notice was issued before passing the impugned orders. Even the

same was not controverted by the learned counsel for the Nagar Panchayat.

3.        Considering the above, without going into the merits of the matter, I

am inclined to partly allow the Writ Petitions by setting aside the impugned

orders thereby remanding the matters to the the Chief Officer, Nagar

Panchayat, Mahur.

4.        In view thereof, the orders dated 7th November 2017 and 22nd

September 2017 passed by Chief Officer, Nagar Panchayat, Mahur are

quashed and set aside. The matters are remanded to the Chief Officer, Nagar

Panchayat, Mahur for fresh consideration.

5.        All the Petitioners to appear before the Chief Officer, Nagar Panchayat

Mahur on 1st July 2026. The Chief Officer shall give sufficient opportunity of

hearing to the Petitioners and pass reasoned orders in accordance with law.

6.        All Petitions are disposed of.



                                           [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                  Page 2 of 2


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