Kakasaheb Ukhardu Shelke v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 912 OF 2017 Kakasaheb s/o Ukhardu Shelke

...Petitioner

VERSUS

The State of Maharashtra & anr.

...Respondents

.....

Shri P.V.Jadhavar, advocate for petitioner Shri M.B.Bharaswadkar, A.G.P. for respondent nos. 1 and 3 .....

CORAM : S.V.GANGAPURWALA & K.L.WADANE, JJ.

DATED : 20th January, 2017 O R D E R :- Mr. Jadhavar, learned counsel submits that validation proceedings in respect of the tribe claim as belonging to Koli Mahadeo Scheduled Tribe is pending with the Committee. However, respondent no.3 employer has issued show cause notice to submit the validity by 2.2.2017 or else further action would be taken. 2.

Learned A.G.P. states that the validation proceedings are pending. However, the petitioner is supposed to give the validity within six months. As such, notice is legitimately issued. To get the validation proceedings decided within stipulated time is not in the hands of the litigant.

- 2 - 3.

Considering the above, we pass following order. The Committee shall decide the validation proceedings in respect of tribe claim of the petitioner, expeditiously, preferably within one year.

The petitioner shall cooperate in expeditious disposal of the said proceedings.

The respondent no.3 shall not take any adverse action against the petitioner only on the ground that the validation proceedings are pending.

Of course, the respondent no.3 can take further course of action depending upon the judgment of the Committee in the validation proceedings.

Rule accordingly is made absolute. No costs. (K.L.WADANE, J.) (S.V.GANGAPURWALA, J.) dbm/wp912.17