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Bombay High CourtWP/3865/2017disposed offdismissed for default

Vidya Harishchandra Bhombe@ Vidya Raghunath Khandelkar v. The State Of Maharashtra And Others

2017-03-22Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S V Gangapurwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3863 OF 2017 (Jayshree Dilip Baviskar Vs. The State of Maharashtra and others) AND WRIT PETITION NO. 3864 OF 2017 (Sangita w/o Pundlik Koli @ Sangita d/o Raghunath Sapkale Vs.The State of Maharashtra and others) AND WRIT PETITIION No.3865 OF 2017 (Vidya w/o Harishchandra Bombe @ Vidya d/o Raghunath Khandelkar Vs. The State of Maharashtra and others) ---- Mr. Sagar S. Phatale, Advocate for the Petitioners in all the Writ Petitions Mr. P.S.Patil, A.G.P. for the respondent/State ---- CORAM :

S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 22nd MARCH, 2017 ORAL ORDER :

Heard.

2.

Mr.Phatale, the learned counsel for the petitioners submits that the validation proceedings in respect of the tribe claim of the petitioners are pending before the Committee since 2015. The same are not yet decided. The Collector has issued notice seeking disqualification of the petitioners on the ground that the validity certificates are not submitted by them within a period of six months.

wp3863-2017+others 3.

Mr. Phatale further submits that the judgment of Full Bench of this Court in the case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others 2017 (1) Mh.L.J. 431, has been stayed by the Hon'ble the Apex Court on 13th February, 2017 and hence the proceedings before the Collector be stayed. 4.

We have heard the learned A.G.P. for the respondents.

5.

The respondent No.3-Committee shall decide the validation proceedings in respect of the tribe claim of the petitioners expeditiously and preferably within a period of four months. The petitioners shall co-operate with the Committee for expeditious disposal of the validation proceedings. The petitioners shall appear before the Committee on 11th April, 2017.

6.

The petitioners may bring to the notice of the Collector or the Authority concerned the order passed by the Hon'ble the Apex Court on 13th February, 2017, thereby staying the judgment and order passed by Full Bench in the case of Anant H. Ulahalkar and another (supra). The same naturally shall be considered by the

wp3863-2017+others Collector.

7.

The writ petitions accordingly stand disposed off. No costs.

[SANGITRAO S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE sam/wp3863-2017+others