Sushilkumar Satyanarayan Togarwar v. The State Of Maharashtra Through The Secretary And Others

1 957-wp 14117-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14117 OF 2021 Sushilkumar Satyanarayan Togarwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Shivsamb N. Janakwade, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 15th DECEMBER, 2021.

PER COURT:- .

The proposal seeking validity to the caste claim of the petitioner is rejected as the petitioner did not remove the objections therein. The said order is passed on 20.10.2018. The same is assailed after three years.

2.

We have also heard the learned A.G.P. for respondent Nos. 1 and 2.

3.

Considering the fact that, the matter before the committee pertains to the social status of the petitioner and also the petitioner is in service, we are inclined to exercise our discretion in favour of the petitioner by giving one more opportunity to him. However, the

2 957-wp 14117-2021.odt petitioner also deserves to be mulct with cost. 4.

In the light of that, we pass the following order. 5.

The impugned order rejecting the proposal of the petitioner is quashed and set aside on condition that the petitioner removes the objections within a period of four (04) weeks from today and pays cost of Rs. 10,000/- (Rs. Ten Thousand only) within a period of four (04) weeks from today to the committee. The condition of deposit of cost and removal of objections is condition precedent for restoration of the proposal of the petitioner for validation of the caste claim. 6.

If the petitioner deposits the cost and removes the objections as stated above within the time stipulated, then the committee shall decide the proceeding for validation on its own merits. 7.

Writ petition accordingly is disposed of. No costs. ( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.