Tushar Tulshidas Masage v. The State Of Maharashtra And ORS

5.wp 7145.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7145 OF 2018 Tushar s/o Tulshidas Masage .. Petitioner Vs.

State of Maharashtra and ors.

.. Respondents Mr.Sushant Yearamwar, for the Petitioner.

Mr.V.M. Mali, AGP for Respondent - State.

Ms.Priyanka Shaw, for Respondent No.4.

CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 08th OCTOBER, 2018 P.C.

.

The Petitioner has approached this Court being aggrieved by the rejection of the claim of the Petitioner belonging to the Thakar Scheduled Tribe. Learned Counsel for the Petitioner submits that the relatives of the Petitioner have subsequently granted validity by this Court.

2.

We have considered the genealogy placed on record. The genealogy would not show that the Petitioner is the closest 1/2

5.wp 7145.18.doc relative of the candidates to whom the validity has been granted by this Court. However, taking into consideration the claim of the Petitioner, we find that it is appropriate for the Committee to reconsider the issue on the basis of the documents that the Petitioner may produce before the Committee.

3.

The impugned order dated 11/06/2018 is therefore quashed and set aside.

4.

The matter is remitted back to the Respondent­ Scrutiny Committee for considering the claim of the Petitioner afresh.

5.

The Committee shall decide the matter as expeditiously as possible and in any case within a period of 6 months from today.

(M.S.KARNIK, J.) (B.R.GAVAI, J.) 2/2