Shri. Ashok Thansing Thakur v. The State Of Maharashtra Through The Secretary, Tribal Development Dept. And ORS.

PVR 1/2 16wp11809-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 11809 OF 2016 Shri. Ashok Thansing Thakur

...Petitioner

Versus

The State Of Maharashtra Through The Secretary, Tribal Development Dept. And Ors.

...Respondents

Ms.Swati P.Manchekar, for the Petitioner.

Mr.V.N.Sagare, AGP for the Respondent-State.

---- CORAM :

ANOOP V. MOHTA & G.S. KULKARNI, JJ.

DATE :

26th October, 2016.

---- ORDER:

1.

The Petitioner who is the resident of Palghar, District Thane, who claims to have been issued a caste certificate belonging to Thakur schedule Tribe community, has approached this Court seeking a direction to the Divisional Caste Scrutiny Committee, Nanadurbar that the application of the Petitioner for seeking validity of the caste certificate which is pending since June 2009 be directed to be decided by the Scrutiny Committee.

2.

There is no dispute that the application filed by the Petitioner

PVR 2/2 16wp11809-16.doc seeking validity of the caste certificate is pending before the Caste Scrutiny Committee since June 2009. Surely, if the same is pending, then, it ought to have been decided as almost about six years have already passed. In these facts without going into the merits of the matter, we direct the Divisional Caste Scrutiny Committee, Nandurbar to decide the caste/tribe verification claim of the Petitioner, within a period of three months from today.

3.

We are passing this order in the peculiar facts of the case and only taking into consideration that the application is pending since June 2009. In view of the above directions we are not dealing with the other prayers.

4.

The Writ Petition is accordingly disposed of subject to the above directions. No costs.

(G.S.KULKARNI, J.) (ANOOP V. MOHTA, J.)