Kiran Balkrishna Koyal v. State Of Maharashtra Thr. Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3649 OF 2021 Kiran Balkrishna Koyal ...

Petitioner

Versus

State of Maharashtra and Ors.

...

Respondents Mr. R. K. Mendadkar, for the Petitioner.

Mr. Om Suryavanshi a/w Mr. Santosh Parad, for MCGM. Mr. P.G. Sawant, AGP, for the State.

CORAM : PRASANNA B. VARALE & V. G. BISHT, JJ.

DATED : 20TH OCTOBER, 2021.

P.C.:

Heard learned Counsel Mr. Mendadkar appearing for the Petitioner. It is submitted before this Court that the Petitioner had approached the Respondent No.2-Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division for verification of the caste claim. It is then submitted that the claim of the Petitioner was pending before the Committee for long time. Recently the Petitioner has filed a Pursis before the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division. A copy of the Pursis is placed on record. The same is taken on record and marked as "X" for identification. It is submitted in the Pursis that the Committee heard the 1/3

2/3 matter extensively and it is observed that the entire documentary evidence placed on record including pre-Constitutional documents are from Mumbai. It is submitted by learned Counsel for the Petitioner that the Petitioner prayed to the Committee to dispose of the claim with directions to obtain fresh caste certificate from the Competent Authority. It is also submitted by the learned Counsel that the Petitioner had already made an Application to the Competent Authority on 4th October, 2021. Vide Order dated 6th October, 2021 a reference was made to the Scrutiny Committee. Learned AGP sought some time to seek instructions so as to make a statement before this Court. Today, the learned AGP submits that the Committee would decide the claim of the Petitioner itself within a period of one week from the date of receipt of this Order.

Learned Counsel Mr. Mendadkar appearing for the Petitioner submitted that the Petitioner be provided an opportunity for personal hearing in view of the Pursis filed by the Petitioner as well as certain orders passed by this Court. The Petitioner is accordingly permitted to appear before the Committee on 9th November, 2021. In view of the statement made by the learned Counsel the exercise of issuing notice to the Petitioner can be waived.

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3/3 Considering all the above referred circumstances, we deem it appropriate to dispose of the Petition. Respondent No.2 to decide the pending claim of the Petitioner on merits as well as in the backdrop of the Pursis filed before the Scrutiny Committee on 30th September, 2021 and decide the claim of the Petitioner within four weeks from the date of receipt of order of this Court.

In the light of abovesaid directions, Petition stands disposed of. REKHA PRAKASH PATIL (V.G.BISHT, J.) (PRASANNA B. VARALE, J.) by REKHA PRAKASH PATIL Date: 2021.10.22 13:02:12 +0530 3/3