RAMCHANDRA MAHARAJ SEVA BHAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Sudame, learned Counsel for the petitioner and Shri Thakare, learned Additional Government Pleader for the respondents.

(2.) Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(3.) On carefully perusing the impugned order dtd. 11/9/2020, we are convinced that the same has been passed without applying mind to the effect of the judgment of this Court, rendered on 11/7/2019 in Writ Petition No.7284/2017. This Court had then quashed and set aside the original order of withdrawal of recognition passed by the Commissioner, Tribal Development, Nashik on 5/11/2016 and, therefore, the order passed by the State Government in appeal confirming the order dtd. 5/11/2016 passed by the Commissioner, Tribal Development had also ceased to exist. That being so, it was necessary for the State Government to take a fresh decision on the appeal filed afresh by the petitioner after a fresh order was passed by the Tribal Commissioner on 30/12/2019, but this has not been done by the State Government. The impugned order dtd. 11/9/2020 is, therefore, illegal and it must go.