Mr. Sayyed Farque Yassin v. Mr. Pramod Vasant Bhangire And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1201 OF 2014 Mr. Sayyed Farque Yassin.

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Petitioner Vs Mr. Pramod Vasant Bhangire & Others.

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Respondents - Shri Tejas D. Deshmukh and Shri Samrat Shinde for the Petitioner. Shri R.S. Apte, Senior Advocate i/by Shri Siddharth Chandrashekhar Wakankar for Respondent No.1.

Shri V.S. Gokhale, AGP for the Respondent Nos.2 and 3. -- CORAM :

A.S. OKA & A.K.MENON, JJ DATED : 12TH MARCH 2015 P.C.

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Heard the learned counsel appearing for the Petitioner, the learned senior counsel appearing for the First Respondent and the learned AGP for the Second and Third Respondents. 2.

Considering the controversy involved in this Petition, the learned senior counsel appearing for the First Respondent on instructions states that though the First Respondent is not accepting the case made out by the Petitioner, to avoid any further controversy, he has no objection if the impugned caste validity certificate dated 28th January 2012 is set side and a fresh inquiry is ordered by the Caste Scrutiny Committee.

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Hence, we dispose of the Petition by passing the following order:

ORDER :

(a) The impugned caste validity certificate dated 20th January 2012 as well as the order granting the said caste validity certificate are hereby set aside and the matter of verification of the caste claim of the First Respondent is remitted to the Second Respondent -Caste Scrutiny Committee;

(b) We direct the First Respondent and the Petitioner to appear before the Second Respondent Committee on 31st March 2015 at 11.00 a.m;

(c) The Caste Scrutiny Committee shall permit both the Petitioner and the Second Respondent to file additional documents. After the additional documents are filed, the Caste Scrutiny Committee shall order vigilance cell inquiry;

(d) The Caste Scrutiny Committee shall pass an appropriate order in accordance with law on the

caste claim of the First Respondent as expeditiously as possible and in any event within a period of four months from 31st March 2015;

(e) We make it clear that we have not made any adjudication on merits of the caste claim of the First Respondent;

(f) All contentions on merits are kept open;

(g) The Petition is disposed of on above terms;

(h) Parties to act upon an authenticated copy of this order.

(A.K.MENON, J) ( A.S. OKA, J )