Raju S/O Narayan Fakale v. The Schedule Tribe Caste Certificate Scrutiny Committee, Thr. Member Secretary And Deputy Director

Order 2401wp5366.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5366/2017.

Raju Narayan Pakhale -VERSUSThe Scheduled Tribe Caste Certificates Scrutiny Committee and others. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri A. Deshpande, Advocate for the Petitioner. Shri J.Y. Ghurde, A.G.P. for Respondents.

CORAM : A.S. CHANDURKAR & VINAY JOSHI, JJ.

DATE : JANUARY 24, 2020.

Heard.

2.

The challenge raised in the present Writ Petition is to the orders dated 26.07.2017, passed by the Scrutiny Committee invalidating the claim of petitioner as belonging to Halba Scheduled Tribe. 3.

Perusal of the impugned order indicates that the application made by three applicants, including the present petitioner was jointly considered and decided. All the applicants are blood relatives. It is pointed out that on behalf of the petitioner, that in

Order 2401wp5366.17 so far as the applicant no.2 Bharat Narayanrao Pakhale is concerned, he had filed Writ Petition No.2041/2018 challenging the very same impugned order. The said Writ Petition came to be dismissed on 10.04.2018. The said order has been confirmed by the Hon'ble Supreme Court in Special Leave Petition No.44367/2018 on dated 11.03.2019.

4.

In view of the fact that the petitioner is the real brother of Bharat, whose claim has been finally adjudicated, the claim as made of belonging to Halba, Scheduled Tribe cannot be accepted. Hence, for the reasons recorded in the order dated 10.04.2018 in Writ Petition No.2041/2018, this Writ Petition also stands dismissed. No costs.

JUDGE JUDGE Rgd.