Devidas Pralhad Gaikwad v. Committee For Scrutiny And Verification Of Tribe Claims Thr. Its Dy. Director, Amravati And Another

Order 1307mca552.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO.552/2018 IN WRIT PETITION NO. 446/2002.

Devidas Pralhad Gaikwad.

-VERSUSCommittee for Scrutiny and Verification of Tribe Claims, Amravati and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND Z.A. HAQ, JJ.

DATE : JULY 13, 2018.

Heard Shri N.R. Saboo, learned Counsel for the applicant, Shri N.R. Patil, learned A.G.P. for non-applicant no.1 and Shri S.V. Purohit, learned Counsel for non-applicant no.2.

2.

Prayer is to recall order dated 08.12.2017, dismissing Writ Petition No.446/2002. Reasons given in the application are supported by affidavit of Clerk of learned Counsel.

3.

Learned Counsel appearing on behalf of non-applicants are opposing restoration. However, in

Order 1307mca552.18 this situation, as we do not see any malafides, we allow Misc. Civil Application and restore Writ Petition No. 446/2002, back to file. Misc. Civil Application is accordingly disposed of. No costs.

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1.

In Writ Petition No.446/2002, challenge is to invalidation of caste claim as Thakur, Scheduled Tribe. Shri Saboo, learned Counsel for the petitioner submits that only reason is affinity.

2.

Identical challenge is already closed for judgment by this Bench after hearing few counsel appearing for petitioners, including Shri Saboo. In this situation, as jointly requested, we close this matter for delivery of judgment along with Writ Petition No. 4198/2005 and other connected matters.

JUDGE JUDGE Rgd.