Jayshree Namdevrao Tumbalwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Another

1 WP 12543/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12543 OF 2016 Jayshree d/o Namdevrao Tumbalwad Petitioner V E R S U S Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Member Secretary & Anr.

Respondents Mr. Sagar S. Phatale, Advocate for the petitioner Smt. M.A. Deshpande, A.G.P. for respondent No.1 Mr. U.B. Bondar, Advocate for respondent No.2 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 27th FEBRUARY, 2017 PER COURT :

1.

It is submitted that the Tribe Claim of the petitioner is pending with the Committee, still respondent No.2 is intending to take adverse action against the petitioner.

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Learned A.G.P. accepts that the Tribe Claim of the petitioner is pending.

3.

Mr.Bondar, learned counsel for respondent No.2 submits that respondent No.2 has not received any notice yet. In view of above, we pass the following order :-

O R D E R

(A) Respondent No.1 shall decide the Validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within eight months from today.

(B) Till the Validation proceeding is decided, respondent No.2 shall not take any adverse action against the petitioner.

(C) Of course, the respondents are entitled to take further action depending upon the judgment that

3 WP 12543/16 would be delivered by the Committee in the Validation proceedings.

(D) The Writ Petition is disposed of. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/27/2/17