Bombay High Court

PRATAP MUKUNDRAO PHADKEversusTHE STATE OF MAHARASHTRA THROUGH ITS DEPARTMENT OF URBAN DEVELOPMENT AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The Court directed the Scrutiny Committee to decide the proceedings within six months and held that no further notice to the respondent was required.

Summary

The petitioner, Pratap Mukundrao Phadke, filed a writ petition seeking a direction to the District Caste Certificate Scrutiny Committee to decide a complaint against Shaikh Rijwan Chotubhai expeditiously. The petitioner argued that the Committee had already issued notices to both parties, and only a simple direction was needed. The Court observed that since notices were already issued, no additional notice to the respondent was necessary. It directed the Scrutiny Committee to resolve the proceedings within six months, considering the merits and maintainability of the case. Consequently, the writ petition was disposed of with the said directions.

Issues considered

Whether the Scrutiny Committee requires a fresh notice to the respondent before proceeding.
Whether the Court should direct the Scrutiny Committee to decide the complaint within a specific time frame.

Subjects

Writ Petition
Scrutiny Committee
expeditious disposal
administrative law
Caste Certificate

Judgment

                                   (1)
                                                940- W. P. 4256-2026.odt



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

                WRIT PETITION NO. 4256 OF 2026

1.   Pratap Mukundrao Phadke,
     Age:41 Years, Occ. Business,
     R/o. Dhangar Galli, Shevgaon,
     Dist. Ahilyanagar.                       ..PETITIONER

        VERSUS
1.   The State of Maharashtra,
     Through its department of
     Urban Development, Mantralaya,
     Mumbai.

2.   The District Caste Certificate Scrutiny Committee,
     Revenue Complex, 1st Floor,
     Near Bengal Chowk, Burud Galli,
     Ahilyanagar

3.   The Sub Divisional Officer,
     Shirdi Tal. Rahata,
     Dist. Ahilyanagar.

4.   Shaikh Rijwan Chotubhai,
     Age : 45 Years, Occ. Business,
     R/o. Naikwadi Mohalla, Shevgaon,
     Dist. Ahilyanagar                             ..RESPONDENTS
                                 …..
     Advocate for the Petitioner : Mr. Yuvraj Vijayrao Kakde
     AGP for Respondent/State: Mr. S. P. Sonpawale
                                 …..

                 CORAM :       SANDIPKUMAR C. MORE AND
                               ABASAHEB D. SHINDE, JJ.
                 DATED :       APRIL 30, 2026

FINAL ORDER (PER ABASAHEB D. SHINDE, J):-

1.   Heard.

2.   This Writ Petition has been filed by the original complainant for
                                   (2)
                                                   940- W. P. 4256-2026.odt
a limited purpose for seeking direction to the respondent No.2

/Scrutiny Committee, Ahilyangar, to decide the said complaint filed

against the respondent No.4, expeditiously.

3.     The learned counsel for the petitioner submits that, pursuant to

the complaint filed by the petitioner, the Scrutiny Committee has

issued notice to the petitioner as well as respondent No.4.

4.     We, therefore, find that since the Scrutiny Committee has

already issued notices to respondent No.4 as well as the petitioner and

since an innocuous prayer has been made for seeking direction to

decide the said proceedings, we do not find that notice is required to

be issued to respondent No.4.

5.     In that view of the matter, the respondent/Scrutiny Committee

shall decide the proceedings, pursuant to the complaint filed by the

petitioner, as expeditiously as possible and preferably within a period

of six months from today, in accordance with law and on its own

merits including the issue as regards the maintainability of the said

proceedings.

6.     With these directions, the Writ Petition stands disposed of.




(ABASAHEB D. SHINDE)                     (SANDIPKUMAR C. MORE)
     JUDGE                                       JUDGE
YSK/

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