Bombay High Court
RAJAN NAGINDAS KAMDARversusRAMCHANDRA ZIPRU MORE
- Decided
- Disposal
- Disposed Off
Holding
A cryptic order passed without reasons or a personal hearing violates natural justice and must be set aside.
Summary
The petitioners filed a writ petition seeking to quash an order dated 10 July 2012 and a subsequent certificate of validity dated 19 July 2012 issued by the Scrutiny Committee (Respondent No. 2). The High Court observed that the impugned order was cryptic, gave no reasons, and was passed without a personal hearing, thereby violating principles of natural justice. Consequently, the Court held that the order could not stand and set it aside, also annulling the certificate of validity. The matter was remanded to the Scrutiny Committee for a fresh de novo hearing, to be completed within six months, with due consideration of the petitioner's averments. The writ petition and the related interim application were disposed of without any order as to costs.
Issues considered
- What is the effect of a cryptic order that lacks reasons on its validity?
- Does the failure to afford a personal hearing violate natural justice in administrative proceedings?
- Should the certificate of validity issued by the Scrutiny Committee be set aside along with the impugned order?
Subjects
- natural justice
- quashing order
- certificate of validity
- de novo hearing
- scrutiny committee
- writ petition
- Bombay High Court
Judgment
908-1-WP-5427-25.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5427 OF 2025
WITH
INTERIM APPLICATION NO. 1673 OF 2026
IN
WRIT PETITION NO. 5427 OF 2025
Rajan Nagindas Kamdar & Anr. …Petitioners
Versus
Ramchandra Zipru More & Ors. …Respondents
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Mr. R.K. Mendadkar a/w Mr. Jagadish Kawale for the Petitioners.
Mr. Sarosh Krishnan, Ms. Fatema Lokhandwala i/by Ms. Prakruti
Joshi for the Applicant in IA/1673/26.
Mr. Dushyant S. Pagare for the Respondent No. 1.
Ms. Kavita N. Solunke, Addl. GP a/w Mr. V.G. Badgujar, AGP for the
Respondent-State.
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CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
DATE : 20 August 2026
SHARAYU
PANDURANG
KHOT ORDER :
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.08.24
1. By this Writ Petition, the Petitioners have sought
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quashing and setting aside of the impugned order dated 10th July
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908-1-WP-5427-25.doc
2012 and consequential certificate of validity dated 19th July 2012
issued by Respondent No. 2-Scrutiny Committee.
2. Upon hearing of the learned Counsel for the parties and
perusing the impugned order of the Respondent No. 2-Scrutiny
Committee, we are of the view that the impugned order is nothing
but a cryptic order i.e. without recording of reasons. Further, there is
an observation in the impugned order that there is no need to
handover the said case to the Vigilance Cell for home and school
enquiry and the Applicant has also not been called for personal
hearing before the Respondent No. 2-Scrutiny Committee. We
consider such cryptic order to be not in accordance with law as well
as the principles of natural justice.
3. In that view of the matter, we set aside the impugned
order of the Respondent No. 2-Scrutiny Committee dated 10th July
2012 and remand the matter back to the Respondent No. 2-Scrutiny
Committee for de novo hearing for considering the material on
record and determining the tribe validity claim of the Respondent
No.1.
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908-1-WP-5427-25.doc
4. Further, the fresh order shall be passed in accordance
with law. This exercise shall be carried out within the period of six
months from today.
5. In view of setting aside of the impugned order dated
10th July 2012, consequential certificate of validity dated 19th July
2012 issued by the Respondent No. 2-Scrutiny Committee is also set
aside.
6. Respondent No. 2-Scrutiny Committee shall also take
into consideration the averments in the present Writ Petition.
7. The Writ Petition is accordingly, disposed of in these
terms. There shall be no order as to costs.
8. In view of this order, Interim Application No. 1673 of
2026 does not survive and is also disposed of.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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