Girish Krushankant Navkhande v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

914-WP.9380.2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9380 OF 2013 Girish Krushankant } Navkhande } Petitioner versus State of Maharashtra } and Ors.

} Respondents Mr. R. K. Mendadkar for the petitioner.

Mr. B. V. Samant-AGP for State.

Mr. R. V. Govilkar with Mr. Vinod Joshi for respondent no. 4.

CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATED :- NOVEMBER 15, 2017 P.C. :- 1.

After the writ petition was argued for some time and we expressed our disinclination to interfere in writ jurisdiction with the order of the scrutiny committee dated 23rd May, 2013, Mr.Mendadkar seeks leave to withdraw this petition. 2.

Mr. Mendadkar then submits that throughout the committee has observed that the petitioner has failed to establish and prove his claim as belonging to Hindu Mahadeo Koli, Scheduled Tribe. Thus, the petitioner is not belonging to this tribe, but it is found from the documents on record and which J.V.Salunke,PA

914-WP.9380.2013.doc documents have not been doubted or suspected that the petitioner is Hindu Koli Malhar, which is equally a Scheduled Tribe. Mr. Mendadkar, relying upon the order dated 7th January, 2013 passed in Writ Petition No. 10404 of 2012, seeks leave to move the competent authority and seek a tribe certificate as belonging to Hindu Koli Malhar.

3.

In these circumstances, the writ petition is disposed of as withdrawn with liberty as prayed.

4.

We clarify that we have expressed no opinion on the petitioner's alternate claim.

(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA