Sanajy Vijaysingh Pardeshi v. The State Of Maharashtra And Others

2025:BHC-AUG:10854-DB W.P. No.3687/2014 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3687 OF 2014 Sanjay Vijaysingh Pardeshi ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. D.D. Choudhari, Advocate for petitioner Mr. S.R. Yadav Lonikar, A.G.P. for State .......

CORAM : R.G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATE : 8th APRIL, 2025 O R D E R :

.

Both the learned counsel for the petitioner and the respondent Committee urged for sending the matter back to the Scrutiny Committee for deciding it afresh since the petitioner is relying on the validity certificate granted to the blood relations of the petitioner, which came into being post the decision impugned herein. In case of Maharashtra Adivasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra & ors. (2023 SCC OnLine 326), the Apex Court has observed

W.P. No.3687/2014 :: 2 ::

that, if the claimant proposes to rely on a certificate granted to any of his blood relations, the Committee was expected to go into the question of the relationship of the person who holds validity and then decide the matter.

2.

Since the validity granted subsequent to the order impugned herein, the same needs to be reappreciated by the Committee on facts and circumstances therein. In view of the same, the order impugned herein is hereby set aside, remanding the matter back to the Committee. The Committee shall give full opportunity to the petitioner to establish his claim and then decide the matter within 12 weeks from the date of receipt of copy of this order. Petition stands disposed of. (SANDIPKUMAR C. MORE, J.) (R.G. AVACHAT, J.) fmp/-