Amruta Machindra Pol v. State Of Maharashtra And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.08.03 14:55:11 +0530 HEMANT CHANDERSEN SHIV 32.aw2549.21.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2549 OF 2021 Amruta Machindra Pol ... Petitioner

Versus

State of Maharashtra & Ors.

... Respondents Mr. Dilip P. Shinde for the Petitioner.

Mrs. P.N. Diwan AGP for the Respondent-State. Mr. M.V. Thorat with Mr. B.Avinash for Respondent No.6. CORAM : S. V. GANGAPURWALA & S. M. MODAK, JJ.

DATED : 29TH JULY 2022 P.C. :

1.

The caste claim of the Petitioner as belonging to Dhor Schedule caste is rejected. The evidence has been given that the document of Shelaji Ishwara Pol is interpolated and the word "Mira" is added to show that the said person belongs to her paternal relatives. There are other documents of the year 1976.

2.

The learned Counsel submits that after the judgment is delivered by the committee, the Petitioner could lay hands on the caste certificate issued to grandfather of the Petitioner, namely, Pol Dattatray Mira. According to him he could not place the document on record. The learned counsel further submits that the Petitioner belongs to one of 865 border villages of Maharashtra and Karnataka prior to re-organization. This aspect is not considered by the Authority in correct perspective and also judgment 1/2

32.aw2549.21.doc of this Court.

3.

We have heard learned AGP for the State.

4.

Considering that this involves social status of the Petitioner and the Petitioner claims to have additional documents, we are inclined to grant one more opportunity to the Petitioner.

5.

In the light of above, we pass the following order :- (a) The impugned order is quashed and set aside. (b) Parties are relegated before the Scrutiny Committee. (c) The Petitioner shall appear before the Scrutiny Committee on 19th September 2022 and shall place before the committee additional documents on which the Petitioner relies. The Committee may conduct vigilance in respect of said documents. The Petitioner may point out to the committee, the judgment of this Court relied by him regarding border villages.

(d) The committee shall endeavour to decide the Petition expeditiously and preferably within six months from the date of appearance of the Petitioner.

6.

The Writ Petition is disposed of. No order as to costs. (S. M. MODAK, J.) (S. V. GANGAPURWALA, J.) 2/2