Ashvini Vithalrao Deshatwad v. The State Of Maharashtra And Another

1067&1068 wp9345-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1067 WRIT PETITION NO.9345 OF 2019 ASHVINI VITHALRAO DESHATWAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Vibhute Sunil M.

AGP for Respondents: P.S.Patil ...

1068 WRIT PETITION NO.9350 OF 2019 SAMPADA VITTHALRAO DESHATWD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Vibhute Sunil M.

AGP for Respondents: P.S.Patil Adv. S.G. Karlekar For R/3 ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 02/08/2019 PER COURT :

The petitioners are required to explain about the certificate issued by Tahsildar that in case of petitioner, grand father, great grand father, cousin grand father in the census report the caste is recorded as Munnurwar so also in the sale deed executed by grand father of the petitioner wherein he has specifically reported that he does not belong to Scheduled Tribe.

2] Mr.Vibhute, the learned counsel submits that the petitioners be given opportunity to explain about the aforesaid anomaly before the

1067&1068 wp9345-19 committee.

3] In light of the above, impugned orders are quashed and set aside. The matter is relegated before the scrutiny committee for decision afresh. The petitioners shall appear before the committee on 19/8/2019. The petitioners may produce additional evidence on which the petitioner may rely. The committee shall thereafter hear the petitioners and considering the same, decide the proceeding. 4] Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/