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Bombay High CourtWP/7150/2023disposed off

Parasram Bhagwan Pawar v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-06-28Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade4 pages

905 to 907, 913 to 916-wp-7123-2023+.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.7123 OF 2023 KONDABAI SHRIPATI KAMBLE

VERSUS

THE DISTRICT COLLECTOR LATUR AND OTHERS AND 906 WRIT PETITION NO.7128 OF 2023 DADARAO SHANKAR INCHURE

VERSUS

THE DISTRICT COLLECTOR LATUR AND OTHERS AND 907 WRIT PETITION NO.7133 OF 2023 KIRTI RAJAMRAM MHETRE

VERSUS

THE DISTRICT COLLECTOR LATUR AND OTHERS ....

Mr. C. D. Biradar Advocate for Petitioners Mr. S. G. Karlekar, Mr. V. M. Kagne, Mr. P. K. Lakhotiya and Mr. S. B. Yawalkar, AGPs for Respondent - State in respective petitions. ....

AND 913 WRIT PETITION NO.7127 OF 2023 SUDHA VILAS KHATKE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 914 WRIT PETITION NO.7130 OF 2023 POOJA RAJU KHURANGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

(( 2 )) AND 915 WRIT PETITION NO.7149 OF 2023 RAMDAS BHAGWAN SHENDGE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 916 WRIT PETITION NO.7150 OF 2023 PARASRAM BHAGWAN PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. S. E. Shekade, Advocate for Petitioners Mr. S. G. Karlekar, Mr. V. M. Kagne, Mr. P. K. Lakhotiya and Mr. S. B. Yawalkar, AGPs for Respondent - State in respective petitions. ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 28.06.2023 PER COURT :- WRIT PETITION NO.7123 OF 2023 1.

This matter was heard for quite some time in the light of the order passed by this Court on 21.06.2023 in Writ Petition No.6474/2023 filed by Mukta Navnath Gite and others Vs. The State of Maharashtra and others and connected matters. The Petitioner would fall in category '(a)' below paragraph six. She has not yet received the validity certificate and her proceedings are still pending.

(( 3 )) 2.

As such, considering the view taken by this Court vide order dated 21.06.2023 in the light of the judgment of the Hon'ble Supreme Court in Shankar Raghunath Devre (Patil) Vs. State of Maharashtra (2019) 3 SCC 220 and the judgment of the Full Bench of this Court in Anant H. Ulhalkar and another Vs. Chief Election Commissioner and others - 2017(1) Mh.L.J. 431, this petition is dismissed.

3.

On request of the Petitioner, we direct the competent Committee to decide her pending claim for caste validity, as expeditiously as possible and preferably, on or before 30.04.2024. WRIT PETITION NO. 7128 OF 2023 4.

In Writ Petition No.7128 of 2023, the Petitioner would fall in category '(b)' below paragraph 6 of our earlier order dated 21.06.2023. He seeks liberty to withdraw this petition so as to approach the Appellate Authority / Office of the Divisional Commissioner for the redressal of his grievance. As such, this petition is disposed off with liberty.

(( 4 )) WRIT PETITION NO. 7133 OF 2023 5.

In Writ Petition No. 7133 of 2023, the Petitioner Kirti Rajaram Mhetre received her validity certificate on 24.04.2023, after the cut off date for disqualification, which is 17.01.2023. As such, this Petition is dismissed.

WRIT PETITION NOS. 7127, 7130, 7149 AND 7150 OF 2023 6.

The Petitioners received their validity certificates prior to the cut off date i.e. 17.01.2023 and failed to tender the same before 17.01.2023. Hence, as like the similarly placed petitioners, we grant liberty to the Petitioners to withdraw these Petitions and approach the Appellate Authority in the office of the Divisional Commissioner. These Petitions are, therefore, disposed off. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS