Kaustubh Ramakant Upacharya Through Father Ramakant Amrutlal Uparcharya v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1038 Writ Petition No.10868 Of 2019 Kaustubh Ramakant Upacharya Through Father Ramakant Amrutlal Uparcharya

Versus

The State of Maharashtra and Others ...

Advocate for the Petitioner : Mr. Sushant C. Yeramwar Addl. G.P. for the Respondents / State : Mr. P.S. Patil ...

CORAM

: S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 21-12-2021 PER COURT :

1.

The caste claim of the petitioner as Thakur Scheduled Tribe is invalidated.

2.

Amongst other submissions one of the submission made by the learned Counsel for the petitioner is that the petitioner could not get proper opportunity to file say to the vigilance report. Only three days time was given to the petitioner. The petitioner also produced additional documents. The same are also required to be considered. The documents produced before this Court are old documents. 3.

The learned AGP submits that there are 12 contra entries on Gajanan

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record. The contra entries are also of per-constitutional and pre-presidential notification period.

4.

Considering that the petition involves the social status of the petitioner and that the petitioner has produced some additional documents, we pass the following order:

ORDER

(i) The impugned order is quashed and set aside.

(ii) The parties are relegated before the Respondent - Scrutiny Committee. The petitioner shall appear before the Scrutiny Committee on 10-01-2022 and may produce additional documents on record, so also file detailed say to the vigilance report. The Committee may conduct vigilance in respect of the additional documents produced by the petitioner. The Committee shall thereafter decide the proceeding afresh preferably by end of June - 2022.

5.

Writ Petition is accordingly disposed of. No costs. ( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE Gajanan