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Bombay High Court

RAJAN NAGINDAS KAMDAR AND ANRversusPARSHURAM ZIPRU MORE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court set aside the undated impugned order and the certificate of validity, directing a de novo hearing in compliance with law and natural justice.

Summary

The petitioners filed a writ petition seeking to quash an undated order and a certificate of validity dated 3 August 2013 issued by the Scrutiny Committee. The High Court observed that the impugned order was cryptic, lacked reasons, did not provide a personal hearing, and failed to refer the matter to the Vigilance Cell, thereby violating principles of natural justice. Consequently, the Court held that the order was not in accordance with law. It set aside both the undated order and the certificate of validity and remanded the matter back to the Scrutiny Committee for a de novo hearing within six months. The Court directed that the fresh order be passed in accordance with law and disposed of the writ petition without any order as to costs.

Issues considered

  • Whether an undated, reasonless order that denies a hearing violates principles of natural justice and is legally valid
  • Whether the certificate of validity issued pursuant to such an order should be set aside

Subjects

  • natural justice
  • cryptic order
  • quashing order
  • certificate of validity
  • de novo hearing
  • high court
  • writ petition
  • procedural fairness

Judgment

                                                                           908-2-WP-8652-25.doc


             Sharayu Khot.

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 8652 OF 2025


                    Rajan Nagindas Kamdar & Anr.                   …Petitioners

                             Versus

                    Parshuram Zipru More & Ors.                    …Respondents

                                                    ----------
                    Mr. R.K. Mendadkar a/w Mr. Jagadish Kawale for the Petitioners.
                    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.
                                                    ----------

                                             CORAM : R.I. CHAGLA J
                                                     FIRDOSH P. POONIWALLA, J

                                             DATE       : 20 August 2026

                    ORDER :


                    1.            By this Writ Petition, the Petitioners have sought

                    quashing and setting aside of the undated impugned order and

SHARAYU
                    consequential certificate of validity dated 3rd August 2013 issued by
PANDURANG
KHOT




                    Respondent No. 2-Scrutiny Committee.
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.08.24
17:58:34
+0530




                    2.            Upon hearing of the learned Counsel for the parties and



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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 undated

impugned order of the Respondent No. 2-Scrutiny Committee 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.



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 undated impugned order,

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consequential certificate of validity dated 3rd August 2013 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.




      [FIRDOSH P. POONIWALLA, J.]                 [R.I. CHAGLA J.]




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