Sonali Narsimalu Gattuwar v. State Of Maharashtra , Through Its Secretary , Tribal Development Dept And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 10307 OF 2017 Sonali Narsimalu Gattuwar ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents Mr. R.K. Mendadkar a/w Mr. C.K. Bhangoji and Mr. Tanaji Jadhav for the Petitioner.

Mr. A.A.Kumbhakoni, Advocate General a/w Mr. Ashutosh Gavnekar, Special Counsel a/w Mr. Sandeep Babar, AGP for the Respondent State.

CORAM : SHANTANU KEMKAR & G.S.KULKARNI, JJ.

OCTOBER 06, 2017 P.C.:

Rule. By consent rule is made returnable forthwith. Heard parties.

After arguing for some time, learned counsel for the petitioner submits that this petition may be disposed of in terms of the order passed in various cases remanding the matter back to the Caste Scrutiny Committee. We accordingly pass the following order as was passed in similar matters : 1.

The 2nd Respondent Caste Scrutiny Committee has rejected the caste claim of the Petitioner by the Order that is impugned by

the present Petition. The Petitioner has assailed the said order inter alia on the ground that just and proper opportunity of hearing has not been afforded to the Petitioner in accordance with the relevant Rules. It is the contention of the Respondents that in view of the Orders passed by the Hon'ble Supreme Court, the Committee was required to decide the claim of the Petitioner in a time bound manner, on account of which it was not possible for the committee to strictly comply with the schedule prescribed by the relevant Rules.

2.

Be that as it may, without going into the merits and demerits of the aforesaid and other contentions raised by both the sides, by consent of the parties, the Order impugned in the present petition dated 31.08.2017 passed by the 2nd respondent committee is quashed and set aside.

3.

The Petitioner undertakes to appear before the 2nd respondent Committee on 11.10.2017 at 11.00 a.m. without insisting for issuance of notice in accordance with law and decide the validity or otherwise of the caste claim of the Petitioner as expeditiously as possible and endeavour to do so by 28th October, 2017. Needless to say that the 2nd Respondent Committee shall do so afresh after considering all documents uninfluenced by any observation and/or conclusions contained in the impugned order.

4.

All contentions of both the sides on merits are kept open. (G.S. KULKARNI, J.) (SHANTANU S. KEMKAR, J.)