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Bombay High CourtWP/7992/2019disposed offdismissed for default

Sneha Suresh Bawulgave v. The State Of Maharashtra And Others

2019-07-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

(1) 77-wp-7992-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 77 WRIT PETITION NO.7992 OF 2019 SNEHA SURESH BAWULGAVE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Madhur A. Golegaonkar, Advocate for the Petitioner.

Mr. P. S. Patil, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 16th JULY, 2019.

PER COURT:- 1.

The caste claim of the petitioner is invalidated.

2.

The focal point of dispute would be the school record of Gangadhar Piraji.

It is undisputed that Gangadhar Piraji is cousin grandfather of the petitioner.

The said relationship can be confirmed in view of the statement of the son of the Gangadhar namely Piraji. Only dispute is about the entry in the school record of Gangadhar Piraji that is whether the same is in respect of Gangadhar Piraji cousin grandfather of the petitioner or of some other Gangadhar Piraji.

(2) 77-wp-7992-2019 3.

The learned counsel for the petitioner submits that the petitioner was not given opportunity with regard to the said statement given by the son of Gangadhar. The mutation entry is sought to be placed on record saying that cousin grandfather of the petitioner is Gangaram and not Gangadhar. However, as per the statement of the son of Gangadhar namely Piraji, it is manifest that Gangadhar Piraji is cousin grandfather of the petitioner.

The petitioner may be given opportunity to explain about the entry in the school record of Gangadhar Piraji. The entry in school record of Gangadhar Piraji in the caste column as relied by the committee is of Munnurvar. 5.

So as to give opportunity to the petitioner as claimed by the petitioner, we set aside the impugned order and permit the petitioner to appear before the committee on 17.07.2019 and give explanation about the entry of school record of Gangadhar Piraji. Thereafter, committee shall take decision afresh on or before 19.07.2019. 6.

Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-19