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
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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.
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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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908-2-WP-8652-25.doc
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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908-2-WP-8652-25.doc
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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