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Bombay High CourtWP/3737/2017disposed offdismissed for default

Pandhari Shankarrao Puppalwar v. The State Of Maharashtra And Others

2017-03-21Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S V Gangapurwala4 pages

1 W.P.No.3737/17

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.3737 OF 2017 Shri Pandhari S/o Shankarrao Puppalwar ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.S.C.Yeramwar, advocate for the petitioner. Mrs.M.A.Deshpande, Additional Government Pleader for the State.

...

CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL,JJ.

Date : 21.3.2017.

PER COURT :

1.

Heard.

2.

Issue notice to the Respondents.

3.

Learned Additional Government Pleader

2 W.P.No.3737/17 waives notice for Respondents.

4.

According to the petitioner, the validation proceedings in respect of his tribe claim is pending with the Committee since 27.3.2013. The Respondent No.3 is insisting for validity or else adverse action would be taken. 5.

It is submitted that validation proceedings are pending since 2013. To get the validation proceedings decided within the stipulated period is not in the hands of the litigant.

6.

Considering above, we pass the following order :

a) The Respondent No.2 shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously within six

(6) months. The petitioner shall appear before the Committee on 11.4.2017.

The impugned communication is quashed and set aside.

3 W.P.No.3737/17 b) The Respondent No.3 shall not take adverse action against the petitioner only on the ground that validation proceedings are pending. The Respondent No.3 can take further course of action depending upon the judgment that would be delivered by the Committee in validation proceedings.

c) The Writ Petition is disposed of. No costs.

(SANGITRAO S. PATIL,J.) (S.V.GANGAPURWALA,J.) asp/office/wp3737.17

4 W.P.No.3737/17