Sanjay Pralhad Jadhav v. State Of Maharashtra Thr Its Secretary, Tribal Development Dept. And ORS

4.WPNo.97612022(C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9761 OF 2022 Sanjay Pralhad Jadhav ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. R. K. Mendadkar, Advocate for the Petitioner. Mrs. R. A. Salunkhe, AGP for the Respondents/State. CORAM: S.V. GANGAPURWALA, ACTING CJ & S.G. CHAPALGAONKAR, J.

DATED : DECEMBER 23, 2022 ORAL JUDGMENT (Per : S.V.Gangapurwala, Acting CJ) 1.

Rule. Rule made returnable forthwith. By consent of parties, matter is heard fnally.

2.

The caste claim of the petitioner is invalidated. The petitioner remained absent before the Scrutiny Committee. 3.

The learned Counsel for the petitioner submits that the petitioner has communicated to the Committee that he did not receive the notice dated 15th January 2020 granting him one last opportunity of hearing. The petitioner has also communicated to the Committee that he is interested for prosecuting the matter, but because of offcial work, he could not reply earlier.

4.

The learned AGP submits that ample opportunity is given to the petitioner. The petitioner did not avail the same.

Gaikwad RD 1/2

4.WPNo.97612022(C).doc 5.

We have considered the submissions.

6.

It appears that the petitioner remained absent. The fact that the petitioner remained absent is also accepted by the petitioner in the pleadings.

7.

However, considering that the matter involves social status of the petitioner, we are inclined to grant one more opportunity to the petitioner.

8.

In light of that, we pass the following order :

ORDER

i) The impugned order is quashed and set aside and the parties are relegated before the Scrutiny Committee on the condition that the petitioner shall deposit costs of Rs.15,000/- (Rupees Fifteen Thousand) with the Committee on or before 6th January 2023.

ii) The petitioner shall appear before the Committee on 16th January 2023.

iii) In case, the petitioner deposit the cost as directed, the Committee shall decide the matter afresh on its own merits and in accordance with law.

iv) In case, the petitioner fails to deposit the cost as directed, the proceedings before the Committee shall stand dismissed.

v) Rule made absolute in the above terms.

vi) The writ petition is disposed of. No costs.

(S.G. CHAPALGAONKAR, J.) (ACTING CHIEF JUSTICE) by RAJU DATTATRAYA GAIKWAD Date:

2022.12.23 16:54:04 +0530 Gaikwad RD 2/2 RAJU DATTATRAYA GAIKWAD