Shri. Shayam Ramchandra Zodge v. Shri. Sachin Rangnath Bhagat And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11292 OF 2012 Shyam Ramchandra Zodge ...

Petitioner.

V/s.

Sachin Rangnath Bhagat and others ...

Respondents.

Mr. Sumit Khaire for the petitioner.

Mr. S. S. Deshmukh for Respondent no. 1 CORAM :

NARESH H. PATIL AND V.L. ACHLIYA, JJ.

DATED :

27th March 2015.

P.C.

1) Heard. Rule. Rule made returnable forthwith with the consent of the parties.

2) Petitioner challenges the order passed by Caste Verification Committee on the ground that it is not a reasoned order. Learned counsel appearing for respondent has placed on record copy of the reasoned order passed by the Committee, upholding the caste claim of the respondent. We have perused the same.

3) Reasons prescribed by the Committee are not sufficient enough to

2/2 3.11292.12 wp.sxw support the decision of the Committee, validating caste claim of the respondent.

4) On this ground alone, We quash and set aside the said order passed by Caste Verification Committee. We remand back the matter to the respondent Committee. It is directed that Committee shall hear the respondent and other necessary parties on the available evidence and pass reasoned order within three month from the date of receipt of this order. No adverse order shall be passed against the petitioner, till the decision of the Committee on account of setting aside of the order passed by Caste Verification Committee.

5) Rule is made absolute in above terms.

(V. L. ACHLIYA, J.) (NARESH H. PATIL, J.) ism