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Bombay High CourtWP/5869/2020disposed offdismissed for default

Pratik Vijay Deore v. The State Of Maharashtra And Others

2020-08-27Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 922-WP-5869--2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5869 OF 2020 Pratik S/o Vijay Deore

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr K.T. Shirurkar, Advocate for Petitioner Mr S.N. Kendre, A.G.P. for Respondent-State CORAM : RAVINDRA V. GHUGE AND SHRIKANT D. KULKARNI, JJ.

DATE : 27th AUGUST, 2020 PER COURT :

1.

By this petition, the petitioner has put forth prayer clause "B" which reads as under :- "...(B) That this Hon'ble Court be pleased to direct the respondent No. 2 Scrutiny Committee, Nandurbar, to decide the Tribe verification proposal of the petitioner Dt. 04.03.2005 as expeditiously as possible & in any case, within a stipulated period of three months from today..."

2.

We have considered the submissions of the learned counsel for the petitioner and the learned A.G.P. on behalf of the respondent-State.

2 922-WP-5869--2020 3.

We find that the proposal of the petitioner for seeking validation of his tribe claim is pending before respondent No. 2 from 04.03.2005. Though the learned counsel for the petitioner submits that he was constantly pursuing the second respondent, we do not find a single document placed before us which would convince us that the petitioner was constantly pursuing the Committee for an early decision. Be that as it may, it is unconscionable that a proposal is kept pending for 15 years. We express our strong displeasure on account of this fact.

4.

We, therefore, partly allow this petition by directing respondent No. 2 to decide the pending proposal of the petitioner as expeditiously as possible and in any case, on or before 31st December, 2020.

5.

Needless to state, the lock-down restrictions shall be taken into account and effective steps would be taken by respondent No. 2 to decide the said proposal. We caution the petitioner against seeking any adjournment.

[ SHRIKANT D. KULKARNI, J. ] [ RAVINDRA V. GHUGE, J. ] mta