Gotiram Sukhdev Pawar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 2896 OF 2017 GOTIRAM SUKHDEV PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Jadhavar Pratap V. AGP for Respondents : Mr. V.M.Kagane .....

CORAM : S.V.GANGAPURWALA & K.L.WADANE, JJ.

DATED : 6th MARCH, 2017 O R D E R :

The petitioner submits that the validation proceedings in respect of tribe claim of the petitioner is pending with the Respondent/Committee since 2011. The same is not yet decided. However, respondent no. 3 has issued letter to the petitioner to submit the validity, failing which the benefit given would be taken away.

2.

We have heard learned A.G.P. for the respondents/State .

3.

To get the validation proceedings decided

is not in the hands of litigant.

4.

We pass following order.

i) The impugned letter is quashed and set aside.

ii) Considering the fact that the validation proceedings are pending since 2011, Respondent no.2/Committee shall decide the validation proceedings in respect of tribe claim of the petitioner, expeditiously, preferably within eight months from today.

iii) The petitioner shall appear before the Committee on 22.3.2017.

iv) The petitioner shall cooperate in expeditious disposal of the said proceedings.

v) Respondent no.3 shall not take adverse action against the petitioner only on the ground that validation proceedings are pending.

vi) Of course, the respondent no.

3 can take further course of action depending upon the judgment that may be delivered by the Committee in the validation proceedings.

5.

Writ Petition disposed of. No costs.

(K.L.WADANE, J.) (S.V.GANGAPURWALA, J.) dbm/wp2896.17