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Bombay High CourtCP/316/2016dismissedrule discharged

Indumati Rakhmaji Telange v. Rahul Ranjan Mahiwal And Others

2017-10-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5043 OF 2016 Indumati Rakhmaji Telange .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Amol R. Gaikwad, Advocate for the Petitioner. Shri P. S. Patil, Addl. G. P. for the Respondent Nos. 1 to 5. Shri B. A. Dhengle h/f Shri Vinayak H. Solanke, Advocate for the respondent No. 6.

WITH CONTEMPT PETITION NO. 316 OF 2016 IN WRIT PETITION NO. 4302 OF 2016 Indumati Rakhmaji Telange .. Petitioner

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Rahul Ranjan Mahiwal and others .. Respondents Shri Amol R. Gaikwad, Advocate for the Petitioner. WITH WRIT PETITION NO. 4302 OF 2016 Indumati Rakhmaji Telange .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Amol R. Gaikwad, Advocate for the Petitioner. Shri P. S. Patil, Addl. G. P. for the Respondent Nos. 1 to 4.

2 wp 5043.16 WITH CIVIL APPLICATION NO. 12563 OF 2017 IN WRIT PETITION NO. 4302 OF 2016 Indumati Rakhmaji Telange .. Applicant

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The State of Maharashtra and others .. Respondents Shri Tulsidas Poul, Advocate for the Intervenor. CORAM : S. V. GANGAPURWALA & S. M. GAVHANE, JJ.

DATE : 5 th October, 2017 PER COURT :

1.

We have heard Mr. Gaikwad, the learned counsel for the petitioner.

2.

Mr. Dhengle, the learned counsel for the respondent submits that the Scrutiny Committee has invalidated the tribe claim of the petitioner of 'Dhoba' scheduled tribe under order dated 19th June, 2017.

3.

The petitioner impugns the order of the Collector disqualifying the petitioner on the ground that validity certificate is not submitted within 6 months as required under Section 10(i)(g) of the Maharashtra Village Panchayat Act. When the petition was filed the validation proceeding in respect of the tribe claim of the petitioner was pending.

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Now the tribe claim has been invalidated under the order of the committee as such nothing survives for adjudication. As such, the petitioner is not entitled for any relief in the present petition. Nonetheles the petitioner is entitled to assail the order of the committee as permissible in law and may claim whatever reliefs are permissible in the said writ petition. 5.

All petitions stand dismissed. No costs.

6.

In view of dismissal of all petitions, civil application also stands disposed of.

[S. M. GAVHANE, J. ] [S. V. GANGAPURWALA, J. ] marathe/oct.17