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Bombay High CourtWP/4515/2020disposed off

Amit Rajkumar Rathod v. The State Of Maharashtra And Others

2023-12-06Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Neeraj P. Dhote1 pages

934WP4515.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO.4515 OF 2020 AMIT RAJKUMAR RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Anandsingh Bayas AGP for Respondents: Mr. M. M. Nerlikar ...

CORAM

: MANGESH S. PATIL AND NEERAJ P. DHOTE, JJ.

DATE : 06.12.2023 PER COURT :

.

Having heard both the sides for a while, it appears that something which was not before the Scrutiny Committee which confiscated and cancelled petitioner's tribe certificate of Thakur Scheduled Tribe has been produced and request of the learned advocate for the petitioner is to consider it. The propriety demands that this being not a first appeal, the matter is considered afresh by the Scrutiny Committee which will have the power and jurisdiction to examine the additional record being produced by the petitioner.

2.

The writ petition is partly allowed. The impugned order is quashed and set aside. The matter is remitted back to the Scrutiny Committee for decision afresh in accordance with law by permitting the petitioner to produce additional documents. If necessary, the Committee may resort to vigilance inquiry. The Committee shall consider and decide the proposal finally in any case within two months. The petitioner shall appear before the Committee on 11.12.2023.

[ NEERAJ P. DHOTE ] [ MANGESH S. PATIL ] JUDGE JUDGE SG Punde 1/1