Gangadhar Papanna Allamwar v. The State Of Maharashtra And Others

15-WP7629-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7629 OF 2014 GANGADHAR PAPANNA ALLAMWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr. S.R.Kedar, Advocate for petitioner Mr. A.S.Shinde, AGP for respondent nos.1 and 2 Mr. S.U.Awate, Advocate for respondent no.3 ---- CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATE : APRIL 05, 2019 PER COURT Petition has been moved for quashing of Caste Validity Certificate dated 12-01-2007 issued by respondent no.2 - Committee in favour of respondent no.3 and for directing the respondent to decide representation dated 17-10-2013 filed by petitioner seeking reinvestigation of caste claim of respondent no.3. 2.

Petitioner is brother-in-law of respondent no.3 i.e. he is husband of sister of respondent no.3. Relations between petitioner and respondent no.3 are sour and acrimonious. A litigation appears to be pending between them.

15-WP7629-14 3.

In the petition, primary contention of the petitioner is that the record submitted by respondent no.3 to the Committee, is incongruous. It has been claimed by respondent no.3 that his father was illiterate, whereas, the record would depict that he was literate, getting pension and that the family comes from Munarwad community.

4.

Petitioner has not shown, as to how the Scrutiny Committee has not considered relevant record. 5.

Underlying intention of representation of petitioner is to have reinvestigation into validated claim of respondent by Scrutiny Committee, on the allegations made in petition, with a view to settle his personal score with his brother-in-law (respondent no.3) due to acrimony.

7.

Having regard to the aforesaid, we are disinclined to favour petitioner by exercising powers in the peculiar facts and circumstances of the case. Writ Petition is, thus, dismissed. [R.G. AVACHAT, J.] [SUNIL P. DESHMUKH, J.] kbp