Maya Samshersing Gaherwar And Another v. The State Of Maharashtra And Others

1 24-WP2883-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2883 OF 2020 Maya Samshersing Gaherwar and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. R. Barlinge, Advocate for the Petitioners. Mrs. P. V. Diggikar, AGP for Respondents-State. Mr. Maheshkumar S. Sonawane, Advocate for Respondent No. 3. Mr. U. B. Bondar, Advocate for Respondent No. 4. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 18th FEBRUARY, 2020.

PER COURT:- .

The validation proceedings in respect of the tribe claims of the petitioners are pending since 2013. Without issuing notice to the petitioners, the petitioners are placed on a temporary post. Such an order without adhering the principles of natural justice cannot be sustained.

2.

In the light of that, we pass the following order. 3.

The impugned order is quashed and set aside. The committee shall decide the validation proceedings in respect of the tribe claims of the petitioners expeditiously and preferably within a period of six (06)

2 24-WP2883-2020.odt months from the date of appearance of the petitioners. The petitioners shall appear before the committee on 05.03.2020 and shall cooperate in expeditious disposal of the validation proceedings. 4.

Writ petition accordingly is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.