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Bombay High CourtWP/5572/2021disposed off

Sandip Pralhad Wagh v. Scheduled Tribe Certificate Scrutiny Committee And Another

2021-03-31Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 WRIT PETITION NO.5572 OF 2021 SANDIP PRALHAD WAGH

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND ANOTHER ...

Advocate for Petitioners : Mr Phatale Sagar S AGP for Respondents State: Mr P K Lakhotiya

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 31st March, 2021.

ORDER:

1.

Validation proceeding in respect of tribe claim of the petitioner is pending since 2011. Mr. Phatale, the learned counsel submits that vigilance was conducted and say was filed to the vigilance report in 2013. As yet, the proceedings are not decided.

2.

Learned A.G.P., on instructions, submits that the Committee has referred the matter for fresh vigilance in February, 2019. Vigilance report is awaited.

3.

Eleven years is a too long a period for the Committee to give any excuse in not deciding the proceeding. It is high time, the members of the Scrutiny Committee, Nandurbar start dealing with the matters expeditiously more particularly, the old matters. 4.

The petitioner shall appear before respondent No.1 Committee on 08.04.2021. The respondent No.1 Committee shall decide the validation proceedings preferably within six months. The petitioner shall also cooperate for expeditious disposal of the proceeding.

5.

The impugned notice issued by respondent No.2 is quashed and set aside.

6.

The respondent No.2 may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings.

7.

Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC