Devrao Shankarrao Pitale v. The State Of Maharashtra And Others

5-WPs.7841, 7842, 7873, 7849 and 7848.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7841 OF 2020 DEVRAO SHANKARRAO PITALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.7842 OF 2020 VIKAS MANOHAR BONDLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.7873 OF 2020 BALAJI DAGDU KAMBLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.7849 OF 2020 AVINASH GANESH GURLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.7848 OF 2020 CHANDU DIGAMBARRAO MORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr.S.M.Vibhute, Advocate for petitioners Mr.A.R.Kale, AGP for respondents/State

5-WPs.7841, 7842, 7873, 7849 and 7848 CORAM : S.V.GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : NOVEMBER 27, 2020 PER COURT :- The learned A.G.P. accepts notice for respondents-State. 2.

It is submitted that validation proceeding in respect of the tribe claim of the petitioners is pending with the scrutiny committee, the same is not decided. Without issuing notice to the petitioners, the respondents have placed the petitioners on the supernumerary post.

3.

As the impugned order is passed without notice to the petitioners, we quash and set aside the impugned order. 4.

In case, the respondents want to take action against the petitioners placing the petitioners on supernumerary post or otherwise, then notice shall be issued to the petitioners, calling upon them to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondentcommittee. 5.

The committee shall decide the validation proceeding expeditiously and preferably within a period of six months.

5-WPs.7841, 7842, 7873, 7849 and 7848 6.

The petitioners shall appear before the committee on 24th December, 2020, if the circumstances so permit. 7.

Writ petitions are disposed of. No costs.

[R.G. AVACHAT, J.] [S.V.GANGAPURWALA, J.] kbp