Bombay High CourtCAW/1410/2019admittedallwdgrantedrule absolute

Nilesh S/O Shrikrishna Nandanwar v. The Schduled Tribe Caste Cert. Scrutiny Committee Thr. Member Secretary, Amravati And Another

2020-01-07Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice S.M. Modak2 pages

wp.1586.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.1410 of 2019 in Writ Petition No.1586 of 2017 Nilesh s/o Shrikrishna Nandanwar vs.

The Scheduled Tribe Caste Certificate Scrutiny Committee & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.P. Bhandarkar, Advocate for the Applicant/Petitioner. Ms. T.H. Khan, A.G.P. for Respondent No.1.

None for Respondent No.2.

CORAM

: Z.A. HAQ & S.M. MODAK, JJ.

DATE : 7 th JANUARY, 2020.

Heard.

02] For the reasons stated in the application, the petitioner is permitted to incorporate the amendment proposed in the application.

03] The civil application is allowed and disposed accordingly. No costs.

Writ Petition No.1586/2017 :

Heard.

02] The petitioner has challenged the decision of respondent No.1 - Scrutiny Committee invalidating his caste certificate. The petitioner claims that he belongs to 'Halbi' caste, which is recognized as Scheduled Tribe in the State of Maharashtra. According to the petitioner, his caste claim is illegally invalidated by respondent No.1 - Scrutiny Committee, though the claim of real brother and real sister of the

wp.1586.17 2/2 petitioner has been accepted by this Court and respondent No.1 - Scrutiny Committee is directed to issue the caste validity certificates in their favour. 03] The learned A.G.P. submitted that the judgment passed by this Court, accepting the claim of real brother and real sister of the petitioner is challenged before the Hon'ble Supreme Court and the petition for special leave to appeal is still pending. 04] In the above facts, the following order is passed.

05] Rule.

06] The learned A.G.P. waives notice for respondent No.1.

07] The petitioner is granted liberty to circulate the petition after the decision of the petition for special leave to appeal pending before the Hon'ble Supreme Court.

JUDGE JUDGE *sandesh