Kalpesh Dilip Khairnar v. State Of Maharashtra, Through Its Secretary And ANR,

rpa 1/2 wp-7976-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7976 OF 2017 Kalpesh Dilip Khairnar .. Petitioner V/s.

The State of Maharashtra & Anr.

.. Respondents ......

Mr.T.V. Jadhav i/b. Mr.R.K. Mendadkar, Advocate for the Petitioner.

Mr.Rajan Pawar, AGP for Respondent - State.

Mr.Shriprasad Kakade, Law Officer, Scheduled Tribe Scrutiny Committee, Nashik, present.

......

CORAM : S.C. DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATED :

SEPTEMBER 22, 2017.

P.C. :

The respondent no.2 Committee has still not decided the claim of the petitioner belonging to Koli Mahadeo, Schedule Tribe. The caste certificate was issued on 11th July, 2006. The petitioner moved the respondent no.2 Committee for verification of his caste claim on 6th July, 2007 and filed relevant documents including copies of the validity certificate granted in favour of his brother and uncle of the petitioner. The Vigilance Cell officer conducted inquiry and submitted a report on 13th October, 2016 to which the petitioner replied on 31st May, 2017.

rpa 2/2 wp-7976-17.doc After that the Committee has not made any progress and that is how on the earlier occasion the matter was adjourned to enable the learned AGP to take instructions. On instructions from Mr.Kakade, Law Officer, Scheduled Tribe Scrutiny committee, Nashik, it is informed by the learned AGP that the Committee will endeavour and pass the final orders as expeditiously as possible and within a period of two months from the date of receipt of the copy of this order. This statement made by the learned AGP, on instructions, in the presence of Mr.Kakade, is accepted, as an undertaking to this Court. We do not think that the Committee and its members would invite consequences of breach of this order and directions and in the event there are no justifiable reasons for the matter not being decided within the period stipulated above, this Court will not hesitate then to impose personal costs on such members who do not abide by the statements and undertakings to this Court. The Committee members, we are hopeful will avoid such a contingency.

(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)