Nagesh Shamrao Kadukar v. Shrinivas Parshuram Jangam And Others

2024:BHC-NAG:5316-DB 901-WP-5432-22.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5432 OF 2022 Nagesh Shamrao Kadukar, Durgapur, Dist. Chandrapur -vsShrinivas Parsuram Jangam, Chandrapur and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Apurv De, Advocate for petitioner.

Shri S. M. Ghodeswar, Asst. Government Pleader for respondent Nos.2, 3 & 5. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : May 03, 2024 1.

Heard.

2.

Challenge is to the order dated 07/05/2018 passed by the Scrutiny Committee declaring the respondent No.1 as belonging to 'Kalar' (Other Backward Class).

3.

The respondent No.1 who has successfully contested election of Gram Panchayat against the petitioner is facing the present proceedings on the ground that the caste validity certificate issued in his favour as belonging to 'Kalar' (Other Backward Class) was illegally issued. 4.

Apart from the fact that the petitioner was unsuccessful in the election and as such has approached this Court for objecting the candidature of respondent No.1 at the relevant time, no such data is placed before this Court in support of his claim. The validity issued to respondent No.1 is based on the Vigilance Cell report which speaks of the oldest caste entry of 1962-1963 as that of 'Kalar'. 5.

In that view of the matter, once the appropriate entry is not being disputed, no case for causing interference in extra ordinary jurisdiction is made. The petition as such stands dismissed. No costs. (Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita