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Bombay High CourtWP/26/2016rule made absolute

Hemant Yashwant Gaikwad v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

2017-05-04Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anoop V. Mohta3 pages

dgm 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 26 OF 2016 Hemant Yashwant Gaikwad .... Petitioner vs State of Maharashtra Scheduled Tribe Certificate Scrutiny Committee, Pune Addl. Commissioner of Police Special Branch 1, Mumbai Tahsildar and Executive Magistrate, Wai, Dist. Satara .... Respondents Mr. R.K. Mendadkar with Ms. Komal Gaikwad for the petitioner. Ms. Nisha Mehra, AGP for respondents 1 to 3/State. CORAM: ANOOP V. MOHTA AND RAVINDRA V. GHUGE,JJ.

DATE : May 04, 2017 FINAL ORDER:

Rule. Rule is made returnable forthwith. Heard finally by consent of parties.

The Petitioner, who is claiming to be Thakar-Scheduled Tribe caste, filed the present writ petition as the caste certificate is invalidated by Respondent No.2-Scrutiny Committee inspite of the fact that the Petitioner's paternal cousin - Ramesh Maruti Gaikwad 1/3

dgm 2 has been already granted certificate of validity on 10.11.2004. The same has remained intact. There is no case of fraud and/or misrepresentation even alleged and/or pointed out from the record. In view of the above admitted position on record and further in view of the recent judgment of this Court in similarly placed persons, in Writ Petition No.3190/2010-Mohit Suresh Deore v. The State of Maharashtra decided on 11.04.2017, we are inclined to dispose of the present writ petition for the same reasons. Therefore, the following order :

ORDER

(a) The writ petition is allowed in terms of prayer (a) which reads thus:

a) That this Hon'ble Court be pleased to issue writ of certiorari and/or any other writ, order or direction in the nature of certiorari thereby quashing and setting aside the impugned judgment and order dated 2.11.2015 passed by the Respondent No.2Committee to the Writ Petition, with further direction to Respondent No.2-Committee to issue Certificate of validity in respect of caste certificate dated 17.8.1992 2/3

dgm 3 issued by the respondent No.4 in favour of the Petitioner.

(b) The Respondents to comply with this order preferably within three months.

(c) Rule made absolute accordingly.

(d) No costs.

( RAVINDRA V. GHUGE J.) (ANOOP V. MOHTA, J.) 3/3