Hemant Prabhakar Thakur v. The State Of Maharashtra Thru Secretary, Tribal Development Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1485 OF 2019 Hemant Prabhakar Thakur ] aged 41 years, residing at ] C-103, OM Shri Surya Darshan ] Cooperative Housing Society Ltd.

] Near Shani Temple, Katemanevali ] Kalyan (East), Dist. Thane-421306 ]..... Petitioner.

versus 1] State of Maharashtra ] Through its Secretary, Tribal ] Development Department ] Mantralaya, Mumbai - 400032 ] ] 2] Scheduled Tribe Certificate ] Scrutiny Committee, Konkan ] Division, Thane through its ] Member Secretary having its ] Office at Vartak Nagar Ward ] Committee Office, Vedant ] Complex, Opp. Kores Company ] Vartak Nagar, Thane (W), ] Dist. Thane.

] ] 3] Commissioner of Police ] Greater Mumbai, having its ] office near Crawford Market, ] Fort, Mumbai - 400 001 ] ] 4] Additional Commissioner of ] Police (West Region) ] having its office at Carter Road, ] Bandra (W), Mumbai ]..... Respondents.

Mr. R K Mendadkar a/w Ms. Priyanka Shaw for the Petitioner. Mrs. R A Salunkhe, AGP, for the Respondents/State.

CORAM :

B. R. GAVAI & N. J. JAMADAR, JJ DATE :

21st February 2019 ORAL JUDGMENT : [PER B.R.GAVAI, J.] Rule. Rule made returnable forthwith. Heard by consent of the parties.

It is the grievance of the Petitioner that though his case for consideration of validity of his claim as belonging to Thakur Scheduled Tribe is pending before the Respondent No.2 - Scheduled Tribe Certificate Scrutiny Committee, Konkan Diovision, Thane, Respondent Nos. 3 and 4 will take coercive action against the petitioner for want of caste validity certificate. On the ground of non-supply of validity certificate the Petitioner cannot be penalized for inaction on the part of the Respondent No.2 in deciding the claim of the Petitioner within the stipulated period. The learned AGP states that the claim of the Petitioner would be decided within the period of three months.

In that view of the matter, the Petition is allowed in the following terms.

A] The Respondent No.2 is directed to decide the claim of the Petitioner as expeditiously as possible and preferably within a period of three months.

B] Till the decision of the committee and in the event the decision of the committee goes adverse to the Petitioner, 3 weeks from the receipt of the communication by the Petitioner, no coercive steps on the ground of non-submission of validity certificate to be taken against the Petitioner.

C] Rules is made absolute in the aforesaid terms. The Petition is disposed of.

[N. J. JAMADAR, J] [B. R. GAVAI, J]