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Bombay High CourtWP/3038/2022disposed off

Sanjay Punilal Thakur v. The State Of Maharashtra Through Its Secretary And Others

2022-03-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

3038.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 WRIT PETITION NO.3038 OF 2022 SANJAY PUNILAL THAKUR

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.S.C.Yeramwar AGP for Respondent-State : Mr.K.N.Lokhande ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 02.03.2022 P.C. :

1] We have heard learned counsel for the petitioner.

2] The validation proceeding is pending with respondent since 2005. Learned counsel for the petitioner submits that caste claim of the son of the petitioner was invalidated. He filed Writ Petition bearing No.8843 of 2018. This Court under order dated 9th August, 2018, allowed the said Writ Petition, setting aside the judgment of the Committee by imposing costs of Rs.2,00,000/- upon the Committee and directed to issue validity certificate to him. 3] Only because the costs is imposed upon the Committee, the Committee has kept the matter of the

3038.22WP petitioner pending. Now the employer has issued show cause notice to the petitioner, directing to submit validity within 10 days.

4] The petitioner shall appear before the Committee on 16th March, 2022. The petitioner may bring to the notice of Committee the judgment delivered by this Court dated 9th August, 2018 in Writ Petition No.8843 of 2018 filed by the son of the petitioner. The Committee shall have to consider the decision delivered by this Court. The Committee shall pass the final order on the proposal of the petitioner seeking validity certificate within two months from the date of appearance of the petitioner. 5] It is submitted that vigilance is already conducted and petitioner has filed reply to the same. 6] The impugned notice directing the petitioner to submit validity within 10 days is quashed and set aside. Further steps be undertaken by the parties depending upon the judgment that would be delivered by the Committee in the validation proceedings.

7] Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC