Sandip Murlidhar Chaudhari v. The Collector, Akola And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 743/2025 Sandip Murlidhar Chaudhari Vs. The Collector, Akola and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.B. Bhise, Advocate for Petitioner Mr. AGP for Respondent Nos.1 and 2 CORAM: ANIL L. PANSARE, J.

DATED : 9th JUNE, 2025 1.

On 11th November, 2024, the following order was passed.

"Heard.

2.

Petitioner - Member of Gram Panchayat, Manchanpur, Tq. Akot, Dist. Akola, has been disqualified by respondent No.1 - Collector, Akola in terms of Section 10-1A of the Maharashtra Village Panchayats Act, 1959, on the ground that the petitioner has failed to submit the Caste Validity Certificate within the extended time, which was extended till 10.07.2024. Counsel for the petitioner submits that the petitioner had furnished Caste Validity Certificate on 07.07.2023 (Annexure 'F'). He has shown across the bar, copy of inward register, which indicates that vide entry No. 961, which is reflected in Annexure 'F' as well, the petitioner has submitted Caste Validity Certificate with respondent No.2- Tahsildar.

4.

Issue notice before admission to the respondents, returnable on 12.03.2025.

5.

Learned A.G.P. waives service of notice for the respondents.

6.

In the meantime, there shall stay to the impugned order dated 20.01.2025.

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The petitioner shall place on record copy of inward register."

2.

As could be seen, the learned counsel for the petitioner submitted that the petitioner had furnished the caste validity certificate on 7th July, 2023 (Annexure-F), which was within extended time period.

3.

In reply, the respondent no.1 submits that the said fact of submission of caste validity certificate was inadvertently not brought to the notice of the respondent No.1, which resulted in passing impugned order. In fact, the respondent No.1 has admitted that the caste validity certificate was furnished by the petitioner on 7th July, 2023.

4.

That being so and the mistake being inadvertent, requires correction. The order impugned dated 20th January, 2025, passed by the respondent No.1 is accordingly quashed and set aside. The petition is allowed in the above terms. No order as to costs.

(ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 09/06/2025 16:33:24