Rohini Ramesh Rabade v. The State Of Maharashtra And

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8477 OF 2020 Rohini Ramesh Rabade ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. Anandsingh Bayas, Advocate for the Petitioner. Mr. P.S. Patil, Additional G.P. for State.

....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22nd DECEMBER, 2020 PER COURT:- 1.

The caste claim of the petitioner as "Naikda" Scheduled Tribe is invalidated.

2.

Mr. Bayas, the learned counsel for the petitioner relies on the validity issued to the father of the petitioner and submits that the petitioner is entitled for validity.

3.

According to the respondents, the father of the petitioner is issued with the validity on the ground that one Vijaysing is issued with the validity, but he is not related to the petitioner. 4.

The files are produced before us. There is some discrepancy in the genealogy filed by the petitioner's father and Vijaysing 5.

It would be appropriate to grant one more opportunity to the petitioner to prove the relationship of the petitioner with Vijaysing. There are various ways to prove his relationship with Vijaysing who has been issued with the validity certificate earlier. 6.

As the matter pertains to the social status of the petitioner, we are inclined to grant one more opportunity to the petitioner to prove his relationship with Vijaysing.

7.

In the light of the above, we pass the following order. 8.

The impugned order is quashed and set aside. The petitioner shall appear before the committee on 23.12.2020. The petitioner may file documents or statements alongwith the material to substantiate the said statements and prove the relationship of the petitioner and his father with Vijaysing or the validity holders relied by the petitioner or his father.

9.

The committee shall consider the additional evidence relied by the petitioner to prove the relationship as validity certificate, if granted to the relatives of the petitioner (if the relationship is proved) wold be relevant.

10. The committee shall take decision preferably within seven (7) days of the petitioner produced the additional evidence.

11. The writ petition is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane