Sharad Ramkrishna Gonnade v. State Of Maharashtra, Thr. Secretary, Tribal Development Dept., Mumbai And Another

2025:BHC-NAG:3674-DB 40-WP-7644-2023.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 7644 of 2023 Sharad Ramkrishna Gonnade vs.

The State of Maharashtra, through its Secretary, Tribal Development Department, Mumbai and another.

------------------------------------------------------------------------------------------------------- Mr A. A. Dhawas, Advocate for petitioner.

Mr N. Autkar, AGP for respondent nos. 1 and 2. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 7th APRIL,2025 P. C.

Heard learned counsel for the parties.

2.

The challenge is to the impugned order dated 20.04.2018 whereby the Committee has refused to entertain the claim of the petitioner for grant of validity and directed him to approach before the Scrutiny Committee at Chandrapur as the ancestors of the petitioner were residing in Chandrapur district.

3.

The fact remains that there exists a sale deed in favour of the father of the petitioner of 1966, so also the caste certificate of 1980 which was issued by the Executive Magistrate, Nagpur. 4.

That being so, we are of the view that the respondent - Committee instead of dwelling on the said documents has directed the petitioner to approach before the Committee at Chandrapur, that too without any valid reason. As such, the impugned order dated 20.04.2018 is hereby quashed and set aside.

5.

We permit the petitioner to appear before the Committee at Nagpur on 28.04.2025 which shall adjudicate the claim of the petitioner within a period of six months from the date of appearance of the petitioner before it.

6.

The writ petition stands allowed in the aforesaid terms. No costs. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.