Sarita Bharat Padvi v. The Caste Scrutiny And Verification Committee And Another

(1) 951-wp-2597-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2597 OF 2023 SARITA BHARAT PADVI

VERSUS

THE CASTE SCRUTINY AND VERIFICATION COMMITTEE AND ANOTHER ...

Mr. D. S. Bagul, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondents-State. ...

CORAM : NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE : 17th MARCH, 2023.

P.C:- 1.

Admittedly, the offence is registered against the petitioner for fraudulently obtaining the caste certificate. The said caste certificate is ordered to be cancelled by the Assistant Collector vide impugned order dated December 23, 2022. 2.

The aforesaid act of the petitioner of obtaining the caste certificate by using forged documents as such cannot be said to be an incorrect reasoning employed in the impugned order. 3.

However, since the Appeal of the petitioner is pending against the order of cancellation of the caste certificate under subSection (2) of Section 5 of the Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) of Caste Certificate Act, 2000 and the caste claim of the petitioner is already referred for

(2) 951-wp-2597-2023 verification, we deem it appropriate to expedite both these proceedings, however, we refrain from granting any relief in the present petition in the Writ jurisdiction.

4.

Writ Petition stands dismissed.

(S. G. CHAPALGAONKAR) (NITIN W. SAMBRE) JUDGE JUDGE Devendra/March-2023