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Bombay High CourtWP/14182/2019disposed offdismissed for default

Ravindra Devram Thakur v. State Of Maharashtra And Others

2020-02-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 W.P. No. 14182/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD . WRIT PETITION No. 14182 of 2019 Ravindra S/o Devram Thakur R/o Dwarka, Nashik Dist. Nashik

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. Anandsingh Bayas, Advocate for petitioner Mr. S.G. Karlekar, Asstt. Govt. Pleader for respondents C ORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI , JJ.

DATE : 26th February, 2020 ORDER :

1.

The caste claim of the petitioner as 'Thakur' is invalidated.

2.

Mr. Bayas, learned Counsel for the petitioner, submits that even caste claim of the son of the petitioner, Prathamesh, was invalidated. He filed writ petition before the Principal Seat, bearing Writ Petition No. 8298 of 2019. The Division Bench of this Court at the Principal Seat under the judgment and order dated 30th July 2019 allowed the writ petition and directed grant of the validity certificate to the son of the petitioner and the validity certificate is also issued by the Scrutiny Committee. Evidence in both the matters is same.

2 W.P. No. 14182/2019 3.

Mr. Karlekar, learned Asstt. Govt. Pleader submits that the proposal was sent for review of the order of this Court at the Principal Seat dated 30th July 2019 in Writ Petition No. 8298 of 2019. Said statement was also made on 27th November 2019. It appears that the order passed by the Principal Seat, referred to above, is in force.

4.

In the judicial order of this court, the committee has been directed to issue the validity certificate to the son of the petitioner and no different view would be possible. 5.

For the reasons recorded by the Division Bench of this Court in Writ Petition No. 8298 of 2019 dated 30th July 2019, which petition was filed by the son of the petitioner, present writ petition is also allowed. The impugned judgment and order is quashed and set aside. The respondent No.2-committee shall issue validity certificate to the petitioner of 'Thakur ' Scheduled Tribe. 6.

The petition is accordingly allowed. No costs. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar