Ratansing Motising Salok v. The State Of Maharashtra And ORS.

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITON NO. 1336 OF 2006 Ratansing Motising Salok Age: 27 years, Occ: Service, R/o Mahora Tq. Jafrabad District Jalna at present Serving at Tahsil Office, Pathari, District Parbhani.

..

Petitioner

Versus

1.

The State of Maharashtra Through The Secretary Revenue and Forests Department Mantralaya, Mumbai.

2.

The Scheduled Castes, VJ, NT, OBC and SBC Category Divisional Caste Certificates Scrutiny Committee Aurangabad Division, Aurangabad, Through Its Member Secretary.

3.

The Collector, Jalna, District: Jalna.

4.

The Tahsildar, Tq. Jafrabad, Dist. Jalna ..

Respondents Shri. Avinash A. Khande, Advocate h/f Shri. D. S. Bagul, Advocate for Petitioner.

( 2 ) Shri. C. K. Shinde, Advocate for Respondent No. 2. Shri. S. P. Sonpawale, A.G.P. for Respondent No. 1. CORAM : S.V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATED : 31 st August, 2018 ORAL JUDGMENT:

(PER: S.V. GANGAPURWALA, J.) .

Mr. Khande, the learned counsel for the petitioner submits that at present petitioner would pray for the remand of the matter. The real brother of the petitioner has been issued with the validity certificate of Rajput Bhamta (V.J.) in the year 2014. The caste claim of the petitioner's cousin brother was invalidated. He had approached this court by filing Writ Petition No. 4994/2003. This court partly allowed the writ petition and remanded the matter back to the committee. After remand of the matter, committee validated the caste claim of the said cousin brother of the petitioner and issued the validity certificate of Rajput Bhamta. The said aspect need to be considered by the committee. 2.

The learned Assistant Government Pleader submits that, the committee has considered the documentary evidence on record, so also has considered the vigilance report and thereafter has rightly passed the

( 3 ) order.

3.

It is submitted by the petitioner that pursuant to the filing of writ petition, the real brother of the petitioner is issued with the validity certificate. So also the cousin brother of the petitioner namely, Shri. Laxmansingh Hilalsingh Salokh has been issued with the validity certificate on 02.11.2017. The same would be relevant fact while considering the case of the petitioner.

4.

In light of the above, we accept the prayer of the petitioner. The impugned order is quashed and set aside. The petitioner is relegated before the committee. The petitioner shall appear before the committee on 19.09.2018. The petitioner may produce the additional evidence before the committee. The committee shall thereafter decide the proceedings expeditiously and preferably within a period of 06 (six) months from the date of appearance of the petitioner. Rule is accordingly made partly absolute in above terms. No costs.

[ S. M. GAVHANE, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 1336.06