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Bombay High CourtWP/5407/2020disposed off

Maroti Sambhaji Rangwad v. The State Of Maharashtra And Others

2020-11-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

12-wp.5407-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5407 OF 2020 MAROTI SAMBHAJI RANGWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr.O.B.Boinwad, Advocate for petitioner Mr.K.N.Lokhande, AGP for respondents ---- CORAM : S.V.GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : NOVEMBER 23, 2020 PER COURT :- Mr.Boinwad, learned counsel for the petitioner, submits that the petitioner was issued with the corrected tribe certificate by the Sub Divisional Officer. Thereafter, on 06.11.2020, the petitioner has filed a proposal for verification of his tribe claim with the Committee. The proposal is on-line as well as in physical form and the same is pending with the Committee. He submits that under the impugned order, the petitioner has been placed on supernumerary post. 2.

Relying upon the submissions of Mr.Boinwad, learned counsel for the petitioner, that the validation proceedings is still pending and that, the impugned order is passed without notice to the petitioner and

12-wp.5407-20 without hearing him, which is in violation of the principles of natural justice, the impugned order is quashed and set aside. 3.

The petitioner shall appear before the Committee on 21.12.2020.

4.

The Committee shall endeavor to decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably, within a period of eight weeks from the date of appearance of the petitioner.

5.

The Writ Petition stands disposed of accordingly. No costs. 6.

In case the respondents want to take action of placing the petitioner on supernumerary post, the principles of natural justice be followed.

[R.G. AVACHAT, J.] [S.V.GANGAPURWALA, J.] kbp