Bhagyashri Baliram Madewad v. The State Of Maharashtra And Others

(1) 952-wp-9257-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 9257 OF 2018 BHAGYASHRI BALIRAM MADEWAD ..PETITIONER

VERSUS

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

Mr. U. R. Awate h/f. M/s. Talekar and Associates, Advocate for the Petitioner.

Mr. V. S. Badakh, AGP for Respondent-State.

...

CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATED : 09th AUGUST, 2018.

PER COURT:- 1.

The learned counsel for the petitioner submits that validation proceeding in respect of caste claim of the petitioner is pending since December 2017, the same is not yet decided. The Sub Divisional Officer had issued notice to the petitioner to submit validity certificate within one months or else adverse action would be taken. 2.

The learned A.G.P. accepts notice for all respondents.

3.

Considering the facts that the validation proceedings is pending since 2017, we pass the following order:

(2) 952-wp-9257-2018

ORDER

(1) The respondent no.2-committee shall decide the validation proceedings in respect of the caste claim of the petitioner on its own merits, in accordance with law, expeditiously and preferably within a period of nine (09) months from the date of the appearance of the petitioner.

(2) The petitioner shall appear before the committee on 31.08.2018.

(3) The impugned communication is quashed and set aside.

(4) The respondent nos.3 and 4 shall not take any adverse action against the petitioner only on the ground that validation proceeding is pending. The respondent nos.3 and 4 may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceedings.

4.

Writ Petition is disposed of. No costs.

(SUNIL K. KOTWAL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-18