Kailas Narayan Thakur v. State Of Maharashtra Thru Secretary, Tribal Development Dept. And ORS
33wp10449.doc ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10449 OF 2019 Kailas Narayan Thakur
...Petitioner
vs.
State of Maharashtra & Ors.
...Respondents
Mr.T.V.Jadhav i/b R.K.Mendadkar for the petitioner Mr.R.S.Pawar, AGP for State CORAM : RANJIT MORE & SURENDRA P.TAVADE, JJ.
Digitally signed by ShubhaS.
Pathak Date:
2019.12.17 14:53:20 +0530 ShubhaS.
Pathak DATE : DECEMBER 13, 2019.
P. C. :
.
Having heard the learned counsel for the respective parties, we deem it convenient to dispose of this petition with a direction to respondent No.2 to decide the petitioner's caste claim that he belongs to "Thakur" scheduled tribe as expeditiously as possible and preferably within six months from the date of receipt of this order. Ordered accordingly.
It is made clear that this order is passed and directions are issued as the petitioner's caste claim for verification was intially made in 2014 before the Superintendent Engineer, Public Works Department,Nasik and subsequently it was transferred to Superintendent Engineer, Public Works Department,Nandurbar. However, the same is 1/2
33wp10449.doc not decided till today.
It is further made clear that all points and contentions of the respective parties on merits of the petition are kept open. Respondent No.2 shall decide the caste claim of the petitioner independently on its own merits and in accordance with law. In order to comply with directions of this Court, the petitioner shall remain present before the respondent No.2-Scheduled Tribe Caste Certificate Scrutiny Committee, Nandurbar Division, Nandurbar on 6th January 2020 along with a copy of this order and relevant documents. Till the decision by respondent No.2 on the petitioner's caste claim, respondent No.3 shall not take any coercive action against the petitioner on the ground that he has not submitted caste validity certificate.
[SURENDRA P.TAVADE, J.] [RANJIT MORE, J.] 2/2