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Bombay High CourtWP/10356/2018disposed offdismissed for default

Mahesh Mohan Akulwar v. The State Of Maharashtra And Others

2019-07-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10356 OF 2018 MAHESH MOHAN AKULWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Vibhute Sunil M. AGP for Respondents No. 1 & 2 : Mr. P. S. Patil Advocate for Respondents No. 3 & 4 :

Mr. P. G. Rodge ...

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

DATE:

th JULY, 2019 PER COURT:

1.

The genealogy in the case of Sunil in whose favour validity was issued and the present writ petitioner are not the same.

2.

Mr. Vibhute, learned counsel for the petitioner submits that the petitioner be given one more opportunity to prove the genealogy and his relationship with the validity holders.

3.

We have also heard the learned Additional Government Pleader.

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Considering the fact that the matter involves the social status of the petitioner, we accede to the request of the petitioner and grant one more opportunity to prove his claim regarding the genealogy.

5.

In the light of above, the impugned order is quashed and set aside. The matter is remitted before the committee. The petitioner shall appear before the committee on 01.08.2019 and may produce such documents to prove the genealogy and his relationship with the validity holders. The committee shall thereafter upon hearing the petitioner decide the proceedings on its own merits, expeditiously and preferably within a period of two (02) months from the date of appearance of the petitioner.

6.

Writ Petition is accordingly disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe