Dattatray Rajaram Telang v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 185 WRIT PETITION NO.14159 OF 2021 SHUBHAM DATTATRAY TELANG

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 12 WRIT PETITION NO.14214 OF 2021 DATTATRAY RAJARAM TELANG

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.S.M. Vibhute, advocate for the petitioners. Mr.S.P.Tiwari & Mr. S.K. Tambe, AGPs for the respondent/State.

Mr.S.G. Karlekar, advocate for respondent no.3 in WP no.14159/2021.

...

CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.

DATE : 20th DECEMBER, 2021 PER COURT :- 1.

At the request of the petitioner leave to amend.

2.

The caste claims of the petitioners as Gond, Scheduled Tribe are invalidated.

3.

It is submitted by the learned A.G.P.

that the petitioners suppressed the invalidation of their paternal relative namely Shivraj Madhukarrao Telang. His claim was invalidated. He filed Writ Petition before this Court and the said Writ Petition is dismissed.

The invalidation is confirmed.

4.

In genealogy shown by the petitioners, the petitioners have shown the genealogy from the branch of Baliram whereas in Thiksha file other branch of Lingoji appears.

5.

The learned advocate for the petitioners submits that the petitioners could not get opportunity to controvert the said genealogy as it is only during the judgment the said observations were made by the Committee. The learned Advocate submits that the opportunity may be given to the petitioners to deal with the same.

6.

In the light of above, we pass the following order :-

ORDER

(i) The impugned judgment and order is quashed and set aside.

(ii) The petitioners are relegated before the Committee. The petitioners shall appear before the Committee on 27th December, 2021.

(iii) The petitioners may file their say to the genealogy and the observations made with regard to the invalidation in case of Shivraj Madhukarro Telang.

(iv) The Committee shall thereafter reconsider the matter, hear the petitioners and take decision on its own merits.

(v) The Writ Petitions are disposed of. No costs.

(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.) SGA