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Bombay High CourtWP/10287/2013disposed off

Shree Bholanath Charitable Trust, Through Trustee, Shri. Pande v. State Of Maharashtra, Through Secretary, Tribal Development Dept And ORS

2017-09-13Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

1 of 2 2.WP.10287.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10287 OF 2013 Shree Bolanath Charitable Trust through its trustees Shri Pande Petitioner versus State of Maharashtra and others Respondents Mr.R.K.Mendadkar for petitioner.

Mr.S.B.Kalel, AGP, for State.

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

DATE :

13th September 2017 PC :

1.

After the writ petition was heard for some time and we expressed our disinclination to grant any relief in writ jurisdiction presently, Mr.Mendadkar seeks leave to withdraw this petition with liberty to the petitioner to file appropriate complaint to the Member Secretary, Scheduled Tribe Certificates Scrutiny Committee, Konkan Division, Thane.

2.

The writ petition is, therefore, allowed to be withdrawn with liberty as prayed for and dismissed as such.

3.

In the event a complaint is made alleging fraud in the issuance of certificate of validity to one Dipak Rama Girane, R/o.Bhaindar Pada, Post Kasar Vadavali, Tal. And District Thane by petitioner herein, the petitioner-complainant be allowed to inspect all the documents and thereafter substantiate their grievance as made in the

2 of 2 2.WP.10287.2013 written complaint. We have no doubt in our mind that in the interest of fairness and equity and in view of serious complaint of fraud or misrepresentation, if made, the petitioner will be granted requisite opportunity as above. The petition is disposed of. (PRAKASH D. NAIK, J.) (S.C.DHARMADHIKARI, J.) MST