Sampat Madhav Jadhav And ANR v. Vitthal Ganpat Ghawate And ORS

rsk 1/2 18-WP-7357-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7357 OF 2019 Vitthal Ganpat Ghawate

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

WITH CIVIL APPLICATION NO.2001 OF 2019 IN WRIT PETITION NO.7357 OF 2019 Sampat Madhav Jadhav and Anr.

...Applicants/Intervenors In the matter between Vitthal Ganpat Ghawate

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

---- Mr. Tejesh Dande i/b Tejesh Dande and Associates for the Petitioner. Mr. Sandeep Phatak for the Intervener.

Ms. K. N. Solunke, AGP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & SANDEEP KASHINATH SHINDE, JJ.

DATE : 26/08/2019.

P.C.:

.

Heard respective counsel. Caste claim of the petitioner was rejected by the Committee and that rejection has attained finality before Hon'ble Apex Court. The petitioner thereafter has learnt that some of his blood relatives have got caste certificate. Because of this, the present petition has been filed seeking leave to resubmit the caste claim. Submission is caste claim was earlier invalidated because the petitioner

rsk 2/2 18-WP-7357-19.doc could not place on record necessary documents to establish line of descent.

2. Learned counsel for intervenor and learned AGP are opposing this petition. They submit that unless and until some blood relative is given validity, said request could not have been made. They also pointed out that invalidity in the present matter may be required to be looked into by the Scrutiny Committee while verifying the caste claim of other relatives. 3.

We find substance in objection raised. If any validity is given to such relative, the petitioner could thereafter make an attempt to obtain review by producing suitable material. We are not inclined to observe anything about tenability of such application at this stage. We leave that question open.

4.

We only find that request made at this juncture is not sustainable. Hence, with liberty to the petitioner to take such steps as mentioned supra, we dispose of the petition. Civil application is also disposed of.

(SANDEEP KASHINATH SHINDE, J.) (B. P. DHARMADHIKARI, J.)