Sanjay Mansing Thakur v. Schedueld Tribe Certificate Scrutiny Committee Nandurbar Through Its Member Secretay

(1) 1090-wp-8863-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1090 WRIT PETITION NO.8863 OF 2019 SANJAY MANSING THAKUR ..PETITIONER

VERSUS

SCHEDUELD TRIBE CERTIFICATE SCRUTINY COMMITTEE NANDURBAR THROUGH ITS MEMBER SECRETARY ..RESPONDENT ...

Mr. Mahesh S. Deshmukh, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 27th SEPTEMBER, 2019.

PER COURT:- 1.

Under the impugned judgment caste claim of the petitioner, his son and daughter are invalidated.

2.

The son and daughter of the petitioner had filed writ petition bearing No.8833/2019. This Court under order dated 02.08.2019 allowed the writ petition for the reasons recorded in the judgment dated 02.08.2019 in Writ Petition No.8833/2019. 3.

The son and daughter of the petitioner are directed to be issued with the validity certificate by this Court on 02.08.2019 in Writ Petition No.8833/2019.

(2) 1090-wp-8863-2019 4.

As the present matter is also arising out of same judgment that was impugned in the Writ Petition No.8833/2019, considering the relationship and the statement made by the petitioner that none of the validity holders relied by the petitioner is issued with the show cause notice, we pass the same order:

(I) The impugned order of the committee is quashed and set aside.

(II) The committee shall issue validity certificate to the petitioner of Thakur (S.T.) immediately.

(III) The said certificate shall be subject to the decision that may be taken by the committee in respect of the validity holders on which the petitioner rely if their cases are reopened. This order is restricted to the extent of the petitioner.

5.

Writ Petition is disposed of. No costs.

(ANIL S. KILOR) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-19