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Bombay High CourtMCA/1333/2017admittedallwdgrantedrule absolute

Satish Pandurang Hedaoo v. State Of Maha. Through Secretary Tribal Development Dept. Mumbai And 2 Others

2017-11-08Hon'Ble Shri Justice Arun Digambarrao Upadhye,Hon'Ble Shri Justice P.B. Varale2 pages

0811mca1333.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.1333/2017 IN WRIT PETITION NO.3149/2013 (D) Satish Pandurang Hedaoo ...Versus...

State of Maharashtra, through its Secretary Tribal Development Department, Mantralaya, Mumbai- 400 032 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ashwin Deshpande, Advocate for applicant Mrs. A.R. Kulkarni, AGP for respondent nos.1 and 2 CORAM : PRASANNA B. VARALE AND ARUN D. UPADHYE, JJ.

DATE : 08.11.2017 1.

Heard.

2.

The learned Counsel for the applicant submitted that the order of dismissal of petition was passed on 3/11/2017. The petition was dismissed for want of prosecution. Learned Counsel submits that he received instructions to appear on behalf of the petitioner on 1/10/2017 but the power could not be filed. Learned Counsel submits that now the Counsel is possessing that power and the same would be filed in the office. Learned Counsel submits that as the petitioner is challenging the order passed by the Caste Scrutiny Committee, thereby invalidating the caste claim of the petitioner and as the matter relates to the social status of the petitioner, the petition be restored so as to give an

0811mca1333.17.odt opportunity to the petitioner to substantiate his claim on the aspect of social status.

3.

In view of the submission of the learned Counsel for the applicant and for the reasons stated in the application, the civil application is allowed. The writ petition is restored to file. The civil application stands disposed of. No costs. JUDGE JUDGE Wadkar