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Bombay High CourtWP/12411/2022disposed off

Prajwal Pandurang More v. State Of Maharashtra Thr The Principal Secretary Dept And ORS

2022-10-17Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

35.WPNo.124112022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12411 OF 2022 Prajwal Pandurang More (Bhat) ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Dhairyasheel Sutar a/w. Adv. Nirmal Pagaria, Adv. Kavita D. Vijapure and Adv. Kiran G. Kulkarni, Advocate for the Petitioner.

Smt. S. S. Bhende, AGP for the Respondents/State. Mr. Sameer Khedekar a/w. Ms. Bharti Gerella a/s. Adv. Kshitija Ransing, Advocate for Respondent No.4.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

OCTOBER 17, 2022 P.C.

1.

The Sub-Divisional Offcer, Thane has passed an order directing the cancellation of application of the petitioner for issuance of certifcate on the ground that there is observation in the judgment of this Court in writ petition fled by the father that the petitioner is original resident of Raigad. It is submitted that the petitioner is migrated to that place.

2.

The father was issued with the caste certifcate by SDO Thane. The claim was invalidated. He fled writ petition bearing Writ Petition No. 5713 of 2015. The Division Bench of this Court under order dated September 14, 2015 set said Gaikwad RD 1/2

35.WPNo.124112022.doc the order of the Scrutiny Committee. The Scrutiny Committee is directed to issue validity certifcate to the father of the petitioner. The father of the petitioner was issued with the caste certifcate by SDO Thane and the said caste certifcate is directed to be validated by this Court. 3.

Considering the above, we pass the following order:

ORDER

i) The impugned order is quashed and set aside.

ii) The Sub-Divsional Offcer, Thane shall issue caste certifcate to the petitioner of 'Thakar Scheduled Tribe' within a period of four days.

iii) The caste claim shall be submitted to the Committee for validation by the petitioner. The Committee, thereafter, shall dispose of the validation proceedings expeditiously.

iv) The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.10.17 19:41:26 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2