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Bombay High CourtWP/5678/2021disposed off

Ravindra Ganpat Baviskar v. The State Of Maharashtra And Others

2021-10-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1047 Writ Petition No.5678 Of 2021 Ravindra Ganpat Baviskar .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents ...

Mr Sushant C. Yeramwar, Advocate for the Petitioner Mr K.N. Lokhande, AGP for Respondent Nos.1 to 3 ...

CORAM

: S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 08-10-2021 PER COURT :

1.

The tribe claim of the petitioner of Tokre Koli Scheduled Tribe is invalidated.

2.

Amongst other grounds one of the submission made by Mr Yeramwar, learned Advocate is that the petitioner before the Committee could not place on record the old documents i.e. the school record of the grand father of the petitioner of the year 1914 recording caste as 'Tokre Koli'. The same would be a clinching evidence to prove the case of the petitioner. The petitioner could lay his hands on the documents now. The copy of it is filed in the writ petition. The learned Advocate prays for remitting the matter back. Gajanan

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3.

We have also heard the learned AGP for the Respondents - State.

4.

Considering that the matter pertains to the social status of the petitioner, we are inclined to grant one more opportunity to the petitioner. The petitioner may produce the attested / original document in respect of the school record of his grand father namely Narayan before the Respondent - Committee on or before 02-11-2021. The Committee, if it so finds it appropriate, may refer the document for the vigilance and thereafter decide the proceedings afresh, preferably within a period of six months. 5.

For remitting the matter back, the impugned order is quashed and set aside.

6.

Writ Petition is accordingly disposed of. No costs. ( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE ...

Gajanan