Uddhav Manikrao Pitale v. The State Of Maharashtra And Others

( 1 ) wp6223.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO.6223 OF 2021 UDDHAV MANIKRAO PITALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. Sagar S. Phatale, Advocate for the petitioner Mr. K. N. Lokhande, AGP for the respondent/State CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 23-04-2021 PER COURT :- 1.

The learned AGP accepts notice for all respondents. 2.

It is submitted that validation proceedings in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

3.

Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post. 4.

As the impugned order is without notice to the petitioner, we quash and set aside the impugned order.

( 2 ) wp6223.21.odt 5.

In case the respondents want to take action against the petitioner placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent-committee. 6.

The committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months. 7.

The petitioner shall appear before the committee on 03/05/2021, if the circumstances so permit.

8.

Writ petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE ssp/wp6223.21.odt