Imamkhan Vajirkhan Tadvipathan v. The State Of Maharashtra And Others

1 36-wp 5236-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5236 OF 2021 Imamkhan Vajirkhan Tadvipathan .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Panditrao S. Anerao, Advocate for the Petitioner. Mr. P. N. Kutti, AGP for Respondent Nos. 1 to 5. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED : 14th JUNE, 2021.

PER COURT:- .

The learned counsel for the petitioner submits that the petitioner is working as a Police Patil. The tribe claim of the petitioner as "Tadvi" (Scheduled Tribe) is referred to the committee in the year 2016. The same is pending and not yet decided. The vigilance is not yet conducted.

2.

The learned A.G.P. accepts notice for all respondents. 3.

To get the proceeding decided within stipulated period is not in the hands of the litigant.

4.

Considering the fact that the validation proceeding is pending,

2 36-wp 5236-2021.odt we pass the following order.

5.

The respondent No. 2 / committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 05.07.2021 and co-operate in expeditious disposal of the proceeding.

6.

The impugned communication is quashed and set aside. 7.

The respondents shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending. 8.

The respondents may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

9.

Writ petition is disposed of. No costs.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.