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Bombay High CourtWP/3/2015disposed off

Ajitkumar Chandrakant Shinde v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

2022-10-12Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No.3 of 2015 Ajitkumar Chandrakant Shinde ...

Petitioner v/s.

State of Maharashtra & ors.

...

Respondents Mr. R.K.Mendadkar for the Petitioner.

Smt. S.S.Bhende, AGP for the State-Respondent Nos. 1 to 3. CORAM : S.V. Gangapurwala & R.N.Laddha, JJ.

12th October 2022 P.C.

The caste claim of the Petitioner belonging to Thakar, Scheduled Tribe is invalidated. The learned Counsel for the Petitioner submits that after filing of the present writ petition, the Petitioner could lay his hands on the old sale deed executed by his great grand father. The Petitioner has also produced the validity certificate in favour of his cousin so also Village Form No.14 in the name of Shankar Mahadu Shinde where caste is recorded as Thakar. The same is of the year Digitally signed by LATA SUNIL PANJWANI Date:

2022.10.14 11:18:47 +0530 1937.

LATA SUNIL PANJWANI 2.

We have also heard the learned AGP. The validity and genuineness of the documents placed on record by the learned AGP

2/2 21 wp 3.15.docx have to be verified by the Vigilance Cell.

3.

Considering the facts of the case and that the matter involves social status of the Petitioner, we are inclined to grant one more opportunity to the Petitioner and pass the following order. (i) The impugned order is set aside and matter is remitted to the Scrutiny Committee.

(ii) The Petitioner shall appear before the Scrutiny Committee on 1st November 2022. The Petitioner may place on record of the Scrutiny Committee the original documents on which the Petitioner relies. The Scrutiny Committee may direct vigilance to be conducted in respect of said documents. (iii) The Scrutiny Committee shall thereafter decide the matter afresh preferably within six months from the date of appearance of Petitioner.

(iii) Writ Petition disposed of. No costs.

(R.N.Laddha, J) (S.V.Gangapurwala, J) Lata Panjwani, P.S.