Atul Damodhar Pawar v. The State Of Mah And ORS

1 W.P.No.566/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.566 OF 2017 Atul S/o Damodhar Pawar ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.D.B.Thoke, advocate for the petitioner.

Mr.P.S.Patil, Additional Government Pleader for the State.

...

CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 12.03.2018.

PER COURT :

1.

Mr.Thoke, learned counsel for the petitioner submits that after the rejection of the caste claim of the petitioner, the real brother of the petitioner is issued with the validity certificate of Rajput Bhamta (V.J.) on 12.7.2011 and the father of the petitioner is issued with the validity certificate of Rajput Bamta (V.J.) by the Akola Committee.

2 W.P.No.566/17 2.

Mr.Patil, learned Additional Government Pleader submits that probably the invalidation of the caste claim of the petitioner was not brought to the notice of the Committee dealing with the caste claim of the father and the brother of the petitioner.

3.

The validity certificate of Rahul Damodhar Pawar dated 12.7.2011 shows that the caste claim of the real brother of the petitioner of Rajput Bhamta (V.J.) is validated. The validity certificate in favour of the father of the petitioner does not appear to be in a proper format.

5.

The petitioner may produce the validity certificate in favour of father of the petitioner if issued by the Committee.

6.

Considering the fact that the petitioner relies on the validity certificate of the real brother issued by Akola Committee, so also claims that the father of the petitioner is issued with the validity certificate, we remit

3 W.P.No.566/17 the matter back to the Committee.

7.

The judgment invalidating the caste claim of the petitioner as Rajput Bhamta (V.J.) is set aside. The petitioner is relegated before the Committee. The petitioner shall appear before the Committee on 26.3.2018.

The petitioner is at liberty to produce the additional evidence before the Committee. The Committee is entitled to go through the record and consider the validities issued in favour of the father and brother of the petitioner as claimed by the petitioner on its own merits in accordance with law and shall decide the proceedings expeditiously, preferably within six

(6) months.

8.

The Writ Petition is disposed of. No costs.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp566.17

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