LAWS(BOM)-2025-5-36

SUMITRA SHRIDHAR KHANE Vs. DEPUTY COLLECTOR KOLHAPUR

Decided On May 02, 2025
Sumitra Shridhar Khane Appellant
V/S
Deputy Collector Kolhapur Respondents

JUDGEMENT

(1.) In a society governed by the rule of law, there can be no discrimination in the application of law to persons who are similarly placed. In this situation, there cannot be different standards, yardsticks and methods in the application of law, to persons of limited means, who are not literate or who are not well versed of their legitimate legal and constitutional rights or on a consideration that they belong to rural areas. Likes should be treated alike. This is a Constitutional guarantee of equality before the law and equal protection of the laws in a welfare state. It is the solemn duty and responsibility of the State to uniformly apply the law, as also take corrective actions when it is noticed that the State's actions are in breach of law and the constitutional rights. Any breach of such fundamental mandates has no place in a civilized society. These issues, which stem from the guarantee of equality of rights and the constitutional recognition of a right not to be deprived of property, save by authority of law, confronts us in the present proceedings.

(2.) Rule. Respondents waive service. By consent of the parties, heard finally.

(3.) These proceedings under Article 226 of the Constitution of India raise common issues of facts and law. Hence, they are being decided by this common judgment. The first writ petition was argued as the lead petition. For convenience, we refer to the pleadings on this petition.