Kishor Jetho Somai And ORS v. The State Of Maharashtra, Through Secretary, Scheduled Tribe Dept And ANR

903-CAW1459-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1459 OF 2014 IN WRIT PETITION NO. 4379 OF 2014 Ashok Shamandas Narwani ...Applicant In the matter between Kishor Jetho Somai & Ors.

...Petitioners

Versus

The State of Maharashtra, & Ors.

...Respondents

Mr. P. D. Dalvi, for the Applicant.

Mr. P. G. Sawant, AGP, for the Respondents Nos. 1 and 2. Mr. R. K. Mendadkar, a /w Mr. C. K. Bhangoji, for the Petitioner. CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

29th January 2016 PC:- 1.

Having heard both sides, we are of the view that the joinder of the Applicant as a party-Respondent would assist the Court in resolving the controversy particularly as to whether the Petitioner perpetrated a fraud on the Court and, equally, on the authorities in obtaining allegedly a certificate certifying him as belonging to Thakur Scheduled Tribe.

903-CAW1459-14.DOC 2.

Since there are serious allegations of fraud perpetrated on this Court as well, in the peculiar facts and circumstances, we allow the Civil Application.

3.

The Applicant shall be impleaded as party-Respondent to the Writ Petition. Amendment to be carried out within a period of two weeks from today.

4.

List the matter on 23rd February 2016.

(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)