Aadivasi Koli Samaj Samanvay Samiti Through Its Representative And Others v. The State Of Maharashtra Through Its Chief Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6961 OF 2023 IN WRIT PETITION NO.4686 OF 2023 AADIVASI KOLI SAMAJ SAMANVAY SAMITI THROUGH ITS REPRESENTATIVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Ashwin Thool h/f. Mr. Amol Ashok Kokad alongwith Advocate Ayush Singh.

AGP for respondent : Mr. P.S. Patil.

CORAM : MANGESH S. PATIL & S.G. CHAPALGAONKAR, JJ.

DATE : 12 JUNE 2023 P.C.:- Heard both sides.

2.

By way of this petition, petitioner body is seeking to put up a challenge to the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation and Issuance of Verification of ) Caste Certificate Act, 2000. 3, Perhaps, realizing the shortcomings in the prayers made in the petition, may be, because of the observations of this court in the order passed on the last date, this application has been moved seeking amendment of the petition and incorporation of the specific challenge in the prayer clause of the petition, to Section 6 of the Act.

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Considering the prima facie observations recorded by a Coordinate Bench of this Court, in the matter of Rahit S/o. Ranjeetsingh Rathod Vs. State of Maharashtra and others, 2010(2) Mh.L.J. 384, it appears that the amendment is justified.

5.

The application is allowed as prayed. Amendment to be carried out within two weeks.

6.

To be heard alongwith Writ Petition No. 7558 of 2020. [S.G. CHAPALGAONKAR] [MANGESH S. PATIL] JUDGE JUDGE grt/-