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Bombay High CourtWP/9017/2020disposed off

Jayendra Kamlya Dolkar v. The State Of Maharashtra And Others

2021-03-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni4 pages

1 WP-9023-2020 & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 638 WRIT PETITION NO.9023 OF 2020 HARISHCHANDRA BALYA BHOIR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 628 WRIT PETITION NO.9013 OF 2020 ANISHA AMRUT CHOGLE

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THE STATE OF MAHARASHTRA AND OTHERS AND 630 WRIT PETITION NO.9015 OF 2020 RAJENDRA DHARMA PATIL

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THE STATE OF MAHARASHTRA AND 268 WRIT PETITION NO.8592 OF 2020 RAJENDRA PANDURANG CHUNEKAR

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THE STATE OF MAHARASHTRA AND OTHERS AND 632 WRIT PETITION NO.9017 OF 2020 JAYENDRA KAMLYA DOLKAR

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THE STATE OF MAHARASHTRA AND OTHERS AND 617 WRIT PETITION NO.9002 OF 2020 REKHA DEVANAND GOGAR

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THE STATE OF MAHARASHTRA AND OTHERS AND 276 WRIT PETITION NO.8600 OF 2020

2 WP-9023-2020 & Ors MOHAN MAYA KOLI

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THE STATE OF MAHARASHTRA AND OTHERS AND 282 WRIT PETITION NO.8606 OF 2020 GANESH MUKUND BALKE

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THE STATE OF MAHARASHTRA AND ORS.

AND 269 WRIT PETITION NO.8593 OF 2020 MITRAKSHI PRASHANT TANDEL @ MITRAKSHI DATTU TIWALEKAR

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THE STATE OF MAHARASHTRA AND OTHERS AND 284 WRIT PETITION NO.8608 OF 2020 SANJAY KASHINATH HASPATIL

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THE STATE OF MAHARASHTRA AND ORS.

AND 426 WRIT PETITION NO.8771 OF 2020 SANJAY SAHEBRAO WASHILKAR

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STATE OF MAHARASHTRA THR ITS SECRETARY, GENERAL ADMINISTRATION DEPT. MANTRALAYA MUMBAI AND ORS. AND 405 WRIT PETITION NO.8750 OF 2020 JANARDHAN RAMAJI BENDUK

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THE STATE OF MAHARASHTRA AND ANR.

Mr. K. N. Kandekar, Mr. R. K. Mendadkar, Mr. C. K. Bhangoji, Advocates for the respective petitioners in respective writ petitions.

3 WP-9023-2020 & Ors Mr. P. S. Patil, A.G.P. for Respondents-State. Mr. Anand Kulkarni, Advocate for Respondent No.2Zilla Parishad Raigad. CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 04th MARCH, 2021 PER COURT :

1.

It is submitted that validation proceedings in respect of the tribe claim of petitioners are pending with the scrutiny committee, the same are not decided.

2.

Without issuing notices to the petitioners, the respondents have placed petitioners on the supernumerary posts.

3.

As the impugned action is without notices to the petitioners, we quash and set aside the impugned action.

4.

In case, respondents want to take action against the petitioners of placing the petitioners on supernumerary posts or otherwise, then notices shall be issued to the petitioners giving

4 WP-9023-2020 & Ors opportunity 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 proceedings expeditiously and preferably within a period of eight (08) months from the date of appearance of the petitioners before the Committee.

6.

The petitioners shall appear before the Committee on 18th March, 2021.

7.

Writ Petitions accordingly disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/March-2021