Jayesh Yashwant Pawar And ANR. v. State Of Maharashtra Through Tis Secretary , And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2191 OF 2018 Jayesh Yashwant Pawar and Ors.

...Petitioners

Vs.

The State of Maharashtra and Ors.

...Respondents

--- Mr. R.K. Mendadkar for the Petitioner.

Ms. S.D. Vyan, APP for Respondent - State.

Ms. Sakshi Sharma I/by Ms. Bodhanwala & Co. for Respondent No. 6. ---- CORAM : SHRI. RANJIT MORE & SMT. BHARATI H. DANGRE,JJ.

DATE : 20th JUNE 2019 P.C.:

1.

During the course of hearing of Writ Petition, the Learned AGP place on record the communication addressed to the Office of the Government Pleader by Joint Commissioner cum Vice Chairman, Scheduled Tribe Certificate Scrutiny Committee, Kokan Division in relation to the present Writ Petition. The communication states as follows :

Taking into account the current legal position wherein the Hon'ble High Court has in several cases directed Respondent No. 2, Committee to issue validity certificates if there exist pre-Constitutional documents, validities issued to blood relatives etc., the Respondent No. 2, Committee has unanimously decided to issue validity certificate in favour of the aforementioned petitioners. This you may please take note and kindly bring this fact to the notice of the Umesh Malani

2/2 11wp.2191.18.doc Hon'ble High Court at appropriate time.

In view of the said decision taken in light of the legal position, the committee is directed to issue validity certificate in favour of the petitioner. We quash and set aside the impugned order dated 22nd December, 2017 passed by the Respondent No. 2 - Committee. In terms of the communication, the Respondent No. 2 is directed to issue caste validity certificate to the petitioners within a period of three weeks from today. With the aforesaid direction, Writ Petition is allowed. No order as to costs.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J) Umesh Malani