Shri. Yogesh Murlidhar Chavan v. State Of Maharashtra, Through Secretary, Tribal Development Dept And ORS

pvr 1/2 42wp431-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 431 OF 2014 Shri. Yogesh Murlidhar Chavan

...Petitioner

Versus

1.State Of Maharashtra, Through Secretary, Tribal Development Dept And Ors

...Respondents

Mr.Vivek V.Salunke, for the Petitioner.

Mr.V.N.Sagare, AGP for Respondent Nos.1 to 3. .....

CORAM : ANOOP V. MOHTA & G.S.KULKARNI, JJ.

DATE:

18 JULY, 2016.

ORDER :

1.

On hearing the learned Counsel for for the Petitioner, we are inclined to dispose of the present Writ Petition as the relevant documents so placed on record through Additional affidavit dated 23 June 2016, that is a copy of the caste validity certificate dated 31 May 2005 issued by the Caste Scrutiny Committee, Nashik, in favour of the relative on paternal side, though placed on record before the learned Caste Scrutiny Committee, not taken note of by the Committee and has rejected the

pvr 2/2 42wp431-14 Petitioner's claim by the impugned order dated 7 December 2013. The issue with regard to importance of blood relatives' caste certificate and specifically of paternal side is comparatively settled. Therefore, in the interest of justice and as the question is of caste validity certificate of the Petitioner based upon the same, we are inclined to set aside the impugned order dated 7 December 2013, with a directions to the Respondents to reconsider the application filed by the Petitioner by taking note of the paternal side caste validity certificate so referred above and shall pass an order in accordance with law as early as possible preferably within three months.

2.

The petition is accordingly disposed of with liberty. No costs. 3.

Interim order granted by this Court dated 20 January 2014 to continue till the decision by the Caste Scrutiny Committee and four weeks after the communication of the adverse order. (G.S.Kulkarni, J.) (Anoop V. Mohta, J.)