Jagdish Shankarrao Kadam v. The Union Of India And Others

wp5379.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.5379 OF 2014 JAGDISH SHANKARRAO KADAM

VERSUS

THE UNION OF INDIA AND OTHERS ....

Mr Sujit A. Patil, Advocate holding for Mr V.D. Salunke, Advocate for petitioner;

Mr A.B. Dhongade, Standing Counsel for respondent no.1; Mr Alok M. Sharma, Advocate for respondent no.2; Mr P.S. Patil, Addl. G.P. for respondent no.3 CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 13th August, 2021 PER COURT:

1.

By this petition, the petitioner has putforth prayer clauses (B) and (C) as under:- "(B) To issue writ of mandamus or any other appropriate writ, Order or directions in the like nature, the respondent No.3 Caste Scrutiny Committee may kindly be directed to decide caste claim of the petitioner within 30 days, as per Law. (C) To issue writ of certiorari or any other appropriate writ, Order or directions in the like nature, the impugned order dated 18.06.2014 issued by the respondent No.2, withdrawing the distributorship granted to petitioner under RGGLV scheme at Goregaon, Dist. Hingoli, under category of Scheduled Tribe, may kindly be quashed and set aside."

2.

While issuing notice on 2nd July, 2014, this Court granted ad interim relief in terms of prayer clauses (F) and (G) due to which the distributorship

wp5379.14 (2) received by the petitioner under the RGGLV scheme at Goregaon, District Hingoli, reserved for S.T. category, has been continued. 3.

The learned Advocate for the petitioner submits that he has tried to contact the petitioner, but invain.

4.

In view of the above, we are disposing off this petition with the following direction:- a) Respondent no.3 competent committee shall decide the pending tribe claim of the petitioner as expeditiously as possible and preferably on or before 28th February, 2022.

b) The committee shall not seek extension of time. c) The petitioner shall whole-heartedly co-operate, failing which the committee is at liberty to approach this Court by filing a Civil Application for seeking further directions.

d) The ad interim protection granted to the petitioner would continue till 28th February, 2022 or till the tribe claim is decided, whichever is earlier.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) amj