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Bombay High CourtCP/581/2022disposed off

Kaustubh Pandurang Arekar v. State Of Maharashtra, Thr. Secretary And ORS.

2022-09-19Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Justice Kamal Khata2 pages

KVM 1/2 30 - CP 581 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 581 OF 2022 KANCHAN VINOD MAYEKAR by KANCHAN VINOD MAYEKAR Date: 2022.09.22 11:34:54 +0530 Kaustubh Pandurang Arekar ..... Petitioner

VERSUS

State of Maharashtra & Ors.

..... Respondents Mr.Komal Gaikwad, i/b. Mr.Ramchandra K.Mendadkar for the Petitioner.

Mr.A.I.Patel, Additional G.P., a/w. Mr.A.A.Alaspurkar, A.G.P. for the State.

CORAM: R. D. DHANUKA AND KAMAL KHATA, JJ.

DATE : 19TH SEPTEMBER, 2022 P.C:- Learned counsel for the petitioner tenders a copy of the certificate of validity issued by the Scheduled Tribe Certificate Scrutiny Committee Thane, Division Konkan dated 17th September, 2022 in favour of the petitioner certifying that the petitioner belongs to Koli Mahadev (29), Scheduled Tribe. She states that in view of the order passed by the Committee, nothing survives in this petition. Statement is accepted. Writ petition is disposed of as infructuous. No order as to costs.

2.

At this stage, learned counsel states that the original caste

KVM 2/2 30 - CP 581 OF 2022.doc certificate issued by the Sub Divisional Officer was produced before the respondent committee for validating the tribe claim. However, the said original certificate is not returned by the Tribe Scrutiny Committee to the petitioner till date.

3.

Mr.Patel, learned Additional Government Pleader states that the said original caste certificate produced by the petitioner for validating the tribe claim is not traceable as on date. If the same is traced, the same would be returned to the petitioner within four weeks thereafter. 4.

It is made clear that if within four weeks, the respondent committee is not able to trace the original caste certificate produced by the petitioner, the petitioner is at liberty to apply for duplicate caste certificate before the competent authority. If any such application is filed by the petitioner before the competent authority, the same shall be issued to the petitioner within four weeks from the date of such application.

[KAMAL KHATA, J.] [R. D. DHANUKA, J.]