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Bombay High CourtWP/3088/2024disposed off

Chinmay Abhijeet Totawar Through Guardian Abhijit Vasantrao Totawar v. The State Of Maharashtra Through Its Secretary And Another

2024-03-20Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:6410-DB wp 3088.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO. 3088 OF 2024 Chinmay Abhijeet Totawar Through Guardian Abhijit Vasantrao Totawar

VERSUS

The State Of Maharashtra Through Its Secretary And Another ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents: Mr. N S Tekale CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

Dated : March 20, 2024 PER COURT :- 1.

Present petition has been filed to direct the respondent no.2 to decide the tribe claim of the petitioner, at the earliest.

2.

Learned AGP, after waiving notice for respondent nos.1 and 2, and on instructions from respondent no.2, submits that the matter would be decided within a period of four (4) months from today.

3.

Learned Advocate for the petitioner submits that respondent no.2 has in fact closed the proceeding, however, some different mode is adopted when the petitioner's claim is supported by the validity holders in the family. He also points out that writ petition no.7173 of 2015 from his relatives is pending before this Court, to which there is interim relief. The petitioner is studying in 12th Standard and wants to appear for NEET examination, for which he needs the certificate.

wp 3088.24.odt 4.

As regards the procedure is concerned, it has to be adopted by the respondent no.2 and it cannot be considered here at the stage whether it is proper or not. The question in this petition is only to direct the respondent no.2 to decide the Tribe claim of the petitioner at the earliest. When the statement is made by the learned AGP that it would be decided within four months, said statement is taken as an undertaking. Respondent No.2 to decide the Tribe claim of the petitioner as early as possible and within a period of four (4) months from today. Writ Petition stands disposed off.

( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

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