Vijayalaxmi Prashant Degil @ Vijayalaxmi Chandrakant Almad v. The State Of Maharashtra And Others

{1} wp2877-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2877 OF 2016 Vijayalaxmi Prashant Degil @ Vijayalaxmi Chandrakant Almad PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. P. R. Katneshwarkar h/f Mr. V. S. Undre, Adv. for petitioner Mr. A. V. Deshmukh, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH AND B. U. DEBADWAR, JJ.] DATE : 10 th FEBRUARY, 2020 ORDER :

1.

Heard learned advocates for the parties.

2.

It appears that petitioner's caste claim of her belonging to Koshti caste has been turned down, for, neither her father nor her older relatives have been shown residents in Maharashtra before 13th October, 1967 and rest of the documents, which refer to her caste as Koshiti have not been relied upon being of recent origin.

3.

Petitioner claims that documents on pages 45 and 46 and the ones along with civil application No. 1516 of 2020 to quite a large extent indicate that petitioner hailed from a region now

{2} wp2877-16 comprising Maharashtra; since those documents were not available before the committee, committee has viewed the matter from a different angle.

4.

Having regard to aforesaid, it appears to be expedient that the committee may re-examine the case of petitioner letting opportunity to place on record the documents being sought to be relied upon, claiming the same of the period before 1967. 5.

As such, impugned order, in order to let an opportunity to the petitioner is set aside. Caste claim of the petitioner be reexamined by the committee letting her place on record documents sought to be relied on. Committee may examine the claim afresh on merits and may have vigilance report in respect of the documents. Decision may be taken expeditiously, preferably, within a period of four months from the date of receipt of writ of this order.

6.

With aforesaid, writ petition stands disposed of. In view of disposal of writ petition, civil application No. 1516 of 2020 stands disposed of.

[B. U. DEBADWAR] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/wp2877-16