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Bombay High CourtWP/12443/2017disposed offdismissed for default

Sanjay Nathalal Gohil v. The State Of Maharashtra And Others

2017-10-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp12443.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12443 OF 2017 SANJAY NATHALAL GOHIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.Dhananjay B. Thoke, Advocate for the petitioner Mr.S.W.Mundhe, AGP for the respondent/State CORAM : S.V. GANGAPURWALA & S.M. GAVHANE, JJ.

DATED :

11.10.2017 P.C. :- .

Mr.Thoke, learned counsel submits that this Court under order dated 26.04.2017 in writ petition No. 5606/2017 directed the Committee to decide the proceedings within six months. However, it appears that respondent could not decide within six months. The petitioner is elected President of the Municipal Council. The respondent would take adverse action against the petitioner.

2.

We have heard learned AGP also.

3.

In fact the present writ petition was unwarranted. This Court under order dated 26.04.2017 in writ petition no. 5606/2017 had directed the Committee to

( 2 ) wp12443.17 decide the proceedings within six months and had further pass the following order.

"In the meanwhile, respondent No.3 is directed not to take any adverse action against the petitioner on the ground of his failure to submit validation certificate and appropriate steps can be taken depending upon the result of the caste certification verification proposal which is pending with respondent No.2 Committee" 4.

The said order very categorically states that appropriate steps can be taken depending upon the result of the caste certification verification proposal pending with respondent No.2 Committee. Interim protection is not for any stipulated period, but till the proceeding is decided by the Caste Scrutiny Committee. In the light of the above, no fresh orders are necessary. The writ petition stands disposed of. No costs.

[S.M. GAVHANE, J.] [S.V. GANGAPURWALA, J.] / VishalK wp12443.17