Shaila Baban Ranjane @ Shaila Balkrishna Kharat v. State Of Maharashtra, Through Secretary, Tribal Development Dept And ORS

15-WP-2479-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2479 OF 2013 Shaila Baban Ranjane @ Shaila Balkrishna Kharat ... Petitioner Vs State of Maharashtra & Ors.

... Respondents ...

Mr. C.K.Bhangoji for the Petitioner.

Ms. R.M.Shinde, AGP for the Respondent-State. CORAM : B.R.GAVAI & SANDEEP K. SHINDE JJ.

DATE : 12 MARCH, 2019 P.C. :

Rule. Rule made returnable forthwith.

Heard by consent. The Petitioner has placed on record document pertaining to birth of his grandfather Devji Naiku Ranjane Koli Mahadev showing the said Devji was born on 29th May, 1918. He submits on behalf of the Petitioner that the said document could not be produced before the Committee earlier since in spite of due diligence it could not be found. In view of this, we direct the Committee to re-consider the issue by Shivgan 1/2

15-WP-2479-13.odt giving opportunity to get the said document verified. The impugned order is, therefore, quashed and set aside. The matter is remanded back to the Respondent-Committee for reconsidering the Petitioner's claim with an opportunity to place additional documents before it. The Committee would be free to conduct fresh enquiry to find out veracity of the documents which the Petitioner had placed on record. Matter be decided within three months from today.

Till the decision on the claim of the Petitioner and, in the event, the order adverse to the interest of the Petitioner is passed, for a period of three weeks from the receipt of such communication by the Petitioner, no coercive steps shall be taken against the Petitioner on the ground of non-submission of the validity certificate. (SANDEEP K. SHINDE, J.) (B.R.GAVAI, J.) Shivgan 2/2