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Bombay High CourtWP/1076/2019disposed offdismissed for default

Archana Suresh Bavaskar v. The State Of Maharashtra And Others

2019-02-06Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp1076.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1076 OF 2019 ARCHANA SURESH BAVASKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A.P.Piratwad, Advocate for the petitioner Mrs. M.A. Deshpande, AGP for the respondent/State. CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

06.02.2019 P.C. :- 1.

Heard learned counsel for the petitioner.

2.

On the backdrop of a limited grievance the petitioner is approaching this Court with prayer clause (B).

"B) By issuing writ of mandamus, orders or directions in the like of writ of mandamus, the respondent no.3 Committee may pleased be directed to decide her Tribe/Caste Claim dated 15.07.2015 within the stipulated period."

3.

Learned counsel for the petitioner invited our attention to the document placed on record submit that the petitioner is in possession a caste certificate issued by the Sub-Divisional Officer, Sillod dated 16.06.2009 to state that the petitioner belongs to 'Koli Malhar' Tribe. The petitioner then contested elections for Grampanchayat scheduled in the year 2015. The office of the District Collector, Aurangabad informed the petitioner to submit her proposal for validation of the

( 2 ) wp1076.19 caste certificate. Accordingly, the proposal was submitted to the Competent Scrutiny Committee. The copy of the endorsement on the proforma/proposal is placed on record. The Scrutiny Committee received the proposal on 15.07.2015. Learned counsel submitted that various documents are also placed before the Committee in the form of entries in the school register in support of the claim of the petitioner. Learned counsel also invited our attention to the representation to the Committee submitted some time in the year 2017 for the early decision on the validation claim. The learned counsel submits that in spite of the repeated requests, claim is pending before the Committee till date.

4.

In view of the submissions and on the backdrop of the documents placed on record referred to by us above, the petition is disposed of with direction to respondent No.3-Scrutiny Committee to decide the claim of the petitioner submitted to it on 15.07.2015, as early as possible, and not later than 16 weeks from the date of order of this Court.

5.

With these above directions, the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / .19 ssp Feb /wp1076.19