Umesh Yashwant Singnath v. State Of Maharashtra, Through Its Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3604 OF 2018 Umesh Yashwant Singnath ..Petitioner.

V/s.

State of Maharashtra & Ors.

..Respondents.

Mr.R.K.Mendadkar with Mr.C.K.Bhanoji & Ms.Priyanka Shaw for the Petitioner.

Ms.R.M.Shinde, AGP for the Respondent-State.

CORAM : R.M.SAVANT AND NITIN W. SAMBRE, JJ.

Srikrishna Ananth Sharma by Srikrishna Ananth Sharma Date: 2018.10.06 12:50:35 +0530 DATE : OCTOBER 3, 2018 P.C.:- The order dated July 6, 2017 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane invalidating the Tribe claim of the Petitioner as belonging 'Thakar' Schedule Tribe is taken exception to by the above petition. 2.

It is not necessary to burden this order with unnecessary details. Suffice it would so to state that in the case of one Kumari Piyush Dhananjay Singnath, who is the daughter of

2 21) wp3604-18.doc the first cousin of the Petitioner from the paternal side, a Division Bench of this Court vide order dated July 10, 2018 directed issuance of validity certificate to said Kumari Piyush. The said order having been passed post the impugned order, we deem it appropriate to set aside the impugned order and relegate the matter back to the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane for de novo consideration of the Petitioner's Tribe claim.

3.

Needless to state that the said Committee would undoubtedly give due weightage to the fact that the daughter of the Petitioner's first cousin Kumari Piyush has been granted validity certificate pursuant to the order passed by this Court. 4.

The Petitioner to appear before the Committee on October 22, 2018. The Committee thereafter to decide the Petitioner's claim latest by November 30, 2018. 5.

With directions as aforesaid, the Writ Petition is disposed of.

(NITIN W. SAMBRE, J.) (R.M.SAVANT, J.)