Pradeep S/O Himmatrao Wankhade v. The Vice-Chairman/Member Secretary, The Scheduled Tribe Caste Certificat Scrutiny Committe, Amravat

18.WP3135.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.3135/2019 Pradeep s/o Himmatrao Wankhade Vs.

The Vice-Chairman/Member Secretary, The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati.

And WRIT PETITION NO.3841/2005 Pradeep s/o Himmatrao Wankhade Vs.

State of Maharashtra through the Secretary, Tribal Development Deptt., and ors.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Ms H. Keni Advocate h/f Ms P. D.Rane, Advocate for petitioner in both writ petitions Mrs. Kalyani Deshpande, Assistant Government Pleader for respondent in W.P.No.3135/2019 and for respondent nos. 1 and 2 in W.P.No.3841/2005. Shri S.A.Sonak, Advocate for respondent no.3 in W.P.No.3841/2005. CORAM :- A.S.CHANDURKAR AND ANUJA PRABHUDESSAI, JJ.

DATED :- JANUARY 12, 2022.

The order passed by the Scrutiny Committee invalidating the tribe claim of the petitioner of belonging to 'Thakur' Scheduled Tribe dated 06.06.2005 is under challenge in this writ petition. The record indicates that the order dated 06.06.2005 passed by the Scrutiny Committee was initially challenged by the petitioner by filing Writ Petition No. 3841/2005. That writ petition was withdrawn on 17.07.2017. However by subsequent order dated 27.09.2019 that writ petition has been restored for adjudication on merits.

In view of the fact that the petitioner's challenge to the order dated 06.06.2005 has been restored in Writ Petition No.3841/2005, the present writ petition raising challenge to the same order does not deserve to be entertained.

For aforesaid reason Writ Petition No.3135/2019 is disposed of. Points raised in the writ petition are however kept open. No costs.

18.WP3135.19.odt 2 The record of Writ Petition No.3135/2019 be kept along with Writ Petition No.3841/2005.

W RIT PETITION NO.3841/2005 As a last chance time of two weeks is granted to the respondents to file reply in Writ Petition No.3841/2005.

Stand over two weeks.

( ANUJA PRABHUDESSAI, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 12.01.2022 15:54