Nilesh Prakash Thakur v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Its Member Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11396 OF 2017 Nilesh s/o Prakash Thakur, Age-39 years, Occu:Service, R/o-Amalner, Tq-Amalner, Dist-Jalgaon, Presently-R/o-Flat No.4, Regal Solitaire, Kamyogi Nagar, Untawadi, Nashik.

...PETITIONER

VERSUS

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, Through its Member Secretary, and others.

...RESPONDENTS ...

Mr. Mahesh S. Deshmukh Advocate for Petitioner. Mr.P.N. Kutti, A.G.P. for Respondent No.1.

...

CORAM: SUNIL P. DESHMUKH AND S.M. GAVHANE, JJ.

DATE : 28TH AUGUST, 2019 ORDER :

1.

After hearing learned counsel for the appearing parties, it would be expedient to direct

respondent no.1 to expeditiously decide the pending tribe claim of the petitioner, having regard to the fact that tribe claim has been pending since 2003 and that the matter has travelled further and enquiry through vigilance cell was conducted and even the petitioner has submitted his reply.

2.

Respondent No.1 shall decide the tribe claim of the petitioner within a period of two months. Needless to refer that opportunity of hearing may be given to the petitioner, in accordance with the relevant rules.

3.

No adverse action be taken against the petitioner on the ground of pendency of validation proceeding till decision on his tribe claim by respondent No.1.

4.

The petitioner may appear before respondent no.1 scrutiny committee on 16th

September, 2019. From that date onwards, respondent No.1 scrutiny committee shall decide the tribe claim of the petitioner within two months.

5.

The petition, with the aforesaid observations, stands disposed of (S.M. GAVHANE, J.) [SUNIL P. DESHMUKH, J.] asb/AUG19