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Bombay High CourtWP/10745/2017disposed offdismissed for default

Sudhakar Narsingrao Cherukula v. The State Of Maharashtra And Others

2017-09-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 918 wp 10745.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 WRIT PETITION NO. 10745 OF 2017 SUDHAKAR NARSINGRAO CHERUKULA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. U.R. Awate h/f. Talekar And Associates AGP for Respondents/State : Mrs. R.P. Gour Advocate for Respondents : Mr. S.S. Dande for R/3. & 4 ...

CORAM : S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

06.09.2017 P.C. :- .

Notice to respondents. Learned A.G.P. waives service of notice on behalf of respondent nos. 1 and 2. Mr. Dande, the learned counsel waives for respondent nos. 3 and 4.

2.

The grievance of the petitioner is that the validation proceedings in respect of tribe claim of the petitioner is pending with respondent no.2-committee, the same is not yet decided. However, respondent nos. 3 and 4 have directed the petitioner to produce the validity, else the services of the petitioner would be terminated. 3.

To get the validation proceedings decided within a stipulated period is not in the hands of the litigant.

( 2 ) 918 wp 10745.17 4.

Considering the above, we pass the following order:

ORDER

i) The respondent no.2-committee shall decide the validation proceedings in respect of tribe claim of the petitioner expeditiously and preferably within a period of six months. ii) The petitioner shall co-operate in expeditious disposal of the said proceedings.

iii) Till the proceedings are decided by the respondent no.2committee, the respondent nos. 3 and 4 shall not take adverse action against the petitioner only on the ground that the validation proceedings are pending.

iv) The respondent nos. 3 and 4 can take further course of action depending upon the judgment delivered by the committee in the validation proceedings.

v) Writ petition stands disposed of. No costs. [MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub