Smt. Vanita Vinayak Thakur v. State Of Maharashtra Through Tribal Devt. Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9610 OF 2018 Vanita Vinayak Thakur ... Petitioner

Versus

State of Maharashtra & Ors.

...

Respondents .........

Mr. C.K. Bhangoji i/b Mr. R.K. Mendadkar for the Petitioner. Mr. R.P. Kadam, A.G.P. for the Respondent-State. .........

CORAM

: K.K. TATED & R.I. CHAGLA, JJ.

DATE : 23rd FEBRUARY, 2021.

P.C. :- Heard learned Counsel for the parties.

Rule. Rule is made returnable forthwith.

The learned Advocate Mr. C.K. Bhangoji appearing on behalf of the Petitioner submits that by this Petition they are seeking limited relief against Respondent No.2 to decide her application dated 26.12.2003 for grant of Caste Validity Certificate.

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The learned Counsel for the Petitioner submits that her Caste Validity Certificate is pending for last more than 17 years before Respondent No.2. He submits that Respondent No.2 may be directed to decide the same immediately on its own merits. The learned A.G.P. Mr. R.P. Kadam appearing on behalf of Respondent-State submits that he received instructions to make a statement before this Court that they will decide the said application as early as possible but in any case within six months from today. Statement is accepted.

Considering the submission made by the learned Counsel for the Petitioner and as the application is pending before Respondent No.2 for last 17 years, we are satisfied that the Petitioner has made out a case for allowing this Petition to direct Respondent No.2 the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar, to decide the Petitioner's application dated 26.12.2003 as early as possible. Hence the following order is passed :

i) Respondent No.2 Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar, is directed to decide the Petitioner's application dated 26.12.2003 for grant 2 / 3

of Caste validity certificate on its own merits as early as possible but in any case on or before 09.09.2021 and inform the decision to the Petitioner immediately.

ii) Rule made absolute accordingly.

iii) Petition is disposed of.

iv) No order as to costs.

Digitally signed by Waishali S.

Date:

2021.03.01 23:03:43 +0530 Waishali S.

( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) 3 / 3