Bombay High Court
GONDIBAI MUKHI PAWARAversusTHE STATE OF MAHARASHTRA THROUGH DISTRICT REVENUE COLLECTOR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the Scrutiny Committee must decide the petitioner's complaint within four months and disposed of the writ petition.
Summary
Gondibai Mukhi Pawara filed a writ petition challenging the validity certificate issued by Respondent No.3 on 23 August 2015, alleging that it was obtained through fraud on the Scrutiny Committee. The petitioner lodged a complaint with the Scrutiny Committee on 31 July 2023, but the committee failed to decide the matter. The High Court examined whether the delay violated principles of natural justice and whether judicial intervention was appropriate. The Court directed the Scrutiny Committee to decide the complaint on its merits within four months from the order date. Consequently, the writ petition was disposed of after the direction was issued.
Issues considered
- Whether the Scrutiny Committee's failure to decide the petitioner's complaint amounts to a violation of natural justice.
- Whether the High Court can compel the Scrutiny Committee to decide the complaint within a specified time.
- Whether the petitioner's grievance regarding alleged fraud in the issuance of the validity certificate warrants judicial intervention.
Subjects
- validity certificate
- fraud
- Scrutiny Committee
- natural justice
- writ petition
- administrative law
Judgment
2026:BHC-AUG:1177-DB
1 953-wp-3612-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
953 WRIT PETITION NO. 3612 OF 2024
Gondibai Mukhi Pawara
VERSUS
The State Of Maharashtra Through District Revenue Collector And
Others
...
Mr. A. R. Syed h/f. Mr. Sushil P. Pandit, Advocate for the Petitioner
Mr. P. K. Lakhotiya, AGP for Respondents/State
Mr. Subodh P. Shah, Advocate for Respondent No.3.
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
DATED : JANUARY 08, 2026
P.C.:
1. Heard.
2. The petitioner is before this Court with a grievance that the
validity certificate obtained by Respondent No.3 on 23.08.2015 is by
playing fraud on the Scrutiny Committee and despite petitioner having
filed complaint before the Scrutiny Committee on 31.07.2023 to that
effect the same is kept undecided.
3. Since an innocuous prayer has been made for deciding the
complaint filed by the petitioner dated 31.07.2023, we direct Scrutiny
Committee to take decision on the said complaint filed by the petitioner
on its own merits and in accordance with law within a period of four
months from today, if not already taken.
4. With this direction, Writ Petition stands disposed of.
[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]
Narwade/
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