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Bombay High CourtRA/243/2019disposed offdismissed for default

The Divisional Controller Maharashtra State Road Transport Corporation v. Shaikh Yusuf Shaik Yunus And Others

2019-11-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor2 pages

1 907-RA-243-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO.243 OF 2019 IN WRIT PETITION NO. 7109/2018 THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION ...APPLICANT

VERSUS

SHAIKH YUSUF SHAIK YUNUS AND OTHERS ...RESPONDENTS Mrs R.D. Reddy, Advocate for Applicant Mr V.M. Kagne, AGP for Respondents-State Mr Govind Kulkarni, Advocate holding for Mr R.A. Deshmukh, Advocate for Petitioner in Writ Petition CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 22nd NOVEMBER, 2019 ORAL ORDER:

1.

The review application is filed basically on the ground that this Court, while disposing of the writ petition, relied on the Government Resolution dated 10th November, 2015. 2.

According to the learned Counsel, subsequently, a fresh Government Resolution is issued dated 11th March, 2016, superseding the earlier Government Resolution dated 10th November, 2015. The parties would be governed by the Government Resolution dated 11th March, 2016. The caste 'Bhangi' is not

2 907-RA-243-2019 included amongst the beneficiaries in the Government Resolution dated 11th March, 2016.

3.

We have heard the learned Counsel for the respondents. 4.

We had observed that the petitioner claims to be 'Bhangi' and that the persons of the Walmiki, Mehtar, Scheduled Caste, Bhangi, Scheduled Tribes are held eligible under the said Government Resolution.

5.

Assuming that under the Government Resolution dated 11th March, 2016, the Scheduled Caste, Scheduled Tribes, are not included, but still the persons belonging to Walmiki, Mehtar are included for the benefit of legal heirs scheme. The petitioner is Bhangi.

6.

In light of the above, the respondents may consider the petitioner belonging to Bhangi/Mehtar and consider the case of the petitioner as directed in the writ petition.

7.

The Review Application is accordingly disposed of. No costs.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta