Vishwas Gopinath Zite v. The State Of Maharashtra Through The Principal Secretary, Revenue And Forest Dept. And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7096 OF 2015 Vishwas Gopinath Zite .....

Petitioner V/s The State of Maharashtra through the Principal Secretary Revenue & Forest Department & Anr.... Respondent WITH CIVIL APPLICATION NO.2737 OF 2015 IN WRIT PETITION NO.7096 OF 2015 Vishwas Gopinath Zite .....

Applicant

IN THE MATTER BETWEEN

Vishwas Gopinath Zite .....

Petitioner V/s The State of Maharashtra through the Principal Secretary Revenue & Forest Department & Anr.... Respondent Mr. Nitin Gangal for Applicant/Petitioner.

Mr. A.I. Patel, AGP for Respondent Nos.1 and 2. CORAM : ANOOP V. MOHTA & A.A. SAYED, JJ.

DATED : 9 OCTOBER 2015 ORDER:

Rule, returnable forthwith. Heard finally.

Considering the averments made in the above Civil Application dated 25 September 2015 whereby the Petitioner for the reasons stated 1/3

2/3 therein submitted that these four documents which they discovered later on after an impugned order passed by the Caste Scrutiny Committee, goes to the root of the matter or at least supports their caste claim. Those documents are for the period 1948 to 1955, of close paternal side relatives. Therefore, in the interest of justice, to give one more opportunity to the Petitioner by keeping all points open and without observing anything on merits of the matter, we are inclined to remand the matter for reconsideration. The Caste Scrutiny Committee to reconsider the case of the Petitioner by giving an opportunity to all the concerned. The Petitioner is permitted to file additional documents within four weeks. The Respondents to deal with the same in accordance with law. Therefore, by keeping all points open following order:

ORDER

i) Impugned order dated 2 June 2015 is quashed and set aside. ii) The Petitioner's Case No.DD/TCSC/SER/Raigad-123 of 2008 is restored back before the Caste Scrutiny Committee, Konkan Division, Thane and the same to be decided as early as possible in accordance with law.

iii) The Petitioner is permitted to file additional documents or supporting material within four weeks.

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3/3 iv) However, in the facts and circumstances, we are inclined to award costs of Rs.5,000/- to be paid by the Petitioner to the High Court Legal Services Committee, Bombay within two weeks. v) The Writ Petition and Civil Application are disposed of accordingly. (A.A. SAYED, J.) (ANOOP V. MOHTA, J.) katkam 3/3