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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