wp.3342.01
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3342/2001
* Ku. Arpana D/o Shri Lalchand Pakhale
Aged about 17 years,
through natural guardian father :
Shri Lalchand Bajirao Pakhale
R/o 106, Mayur Palace
Trimurthi Nagar, Nagpur. ..PETITIONER.
VERSUS
1) The State of Maharashtra
Through the Secretary
Tribal Development Department
Mantralaya, Mumbai-32
2) The Committee for the Scrutiny and
Verification of Tribal Claim
Adiwasi Vikas Bhavan
Giripeth Amravati Road
Nagpur 440 010. ..RESPONDENTS
.
...................................................................................................................
Mr.G.R.Kothari, Advocate h/for Mr. V.R.Choudhary,for the petitioner
Mr. V.P. Maldhure, Assistant Government Pleader for respondent no.1
None for Respondent no.2
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 5 th
July, 2017
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wp.3342.01
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ORAL JUDGMENT: (Per R.K.DESHPANDE, J.) This petition challenges the order dated 24.05.2001 passed by the Committee for Scrutiny and Verification of Tribal Claims/ respondent no.2, invalidating the caste claim of the petitioner for 'Halbi' Scheduled Tribe category. The matter was decided prior to coming into force of Act No. XXIII/2001. From the order, it seems that the procedure prescribed was not followed, apart from the fact that the findings recorded are in ignorance of law subsequently laid down by the Apex Court as well as by this Court. The claim was made for the purpose of education. The matter can be decided afresh by the respondent no.2- Committee in accordance with the provisions of the said Act and the Rules framed thereunder.
2. In the result, the Writ Petition is allowed. The order dated 24.05.2001 passed by the respondent no.2-Committee is hereby quashed and set aside. The matter is remitted back to the said Committee to follow the procedure prescribed for scrutiny and verification of tribe claims under the said Act and the Rules. The petitioner to attend the Scrutiny Committee on 21.08.2017. The Committee shall permit the petitioner to file additional documents, if ::: Uploaded on - 11/07/2017 ::: Downloaded on - 12/07/2017 00:13:00 ::: wp.3342.01 3 any, on record. The Committee shall decide the caste claim of the petitioner within a period of one year from the date of communication of this order.
3. Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
sahare
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