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Bombay High CourtWP/12899/2024transfer to other court

Priyanka Kalyan Salunkhe v. The State Of Maharashtra And ORS

2024-09-12Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

902-WP-12899-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(902) WRIT PETITION NO. 12899 OF 2024 Priyanka Kalyan Salunkhe

...Petitioner

Versus

The State Of Maharashtra And Ors

...Respondents

WITH

(903) WRIT PETITION NO. 12900 OF 2024 Kumar Kalyan Salunkhe

...Petitioner

Versus

The State Of Maharashtra And Ors

...Respondents

...

Mr. Digambar B. Shinde a/w. Mr. Akshay Mishra, Advocate for the Petitioner in both Petitions.

Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth, Advocate for the Respondent No.5 in both Petitions.

Smt. S. D. Vyas, AGP a/w. Shri. S. B. Kalel, AGP for the RespondentState in WP-12899-2024. Smt. S. D. Vyas, AGP a/w. Shri. V. M. Mali AGP for Respondent-State in WP/12900/2024.

...

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 12th SEPTEMBER 2024.

P.C. :

1.

The challenge raised is to the order passed by the Scrutiny 1/2 ADN

902-WP-12899-2024 (C).doc Committee, on 3rd September 2024 invalidating the Petitioner's tribe claim of belonging to Thakar Schedule Tribe.

2.

Issue notice to the Respondents, returnable on 3rd October 2024. The learned Assistant Government Pleader waives service of notice for Respondent Nos.1 to 4 and Mr.Rodrigues, waive notice for Respondent No.5. The learned Assistant Government Pleader to produce record of the Scrutiny Committee.

3.

The learned counsel for the Petitioners refers to the interim order dated 9th September, 2024 passed in Writ Petition N0.12831 of 2024 (Soham s/o. Kiran Ahire v/s. The State of Maharashtra and Ors.) and prays for an interim direction. It is however seen in the aforesaid case, the petitioner therein had relied upon various Caste Validity Certificates issued to his family members. Presently, there is no validity certificate granted in the Petitioners' family. Having perused the report of the Vigilance Cell, we do not deem it appropriate to permit the Petitioners to submit their application form as belonging to Thakar Schedule Tribe by way of an interim order. [ RAJESH S. PATIL, J] [A.S. CHANDURKAR, J. ] 2/2 ADN