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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4506 OF 2004
Altaf s/o Gulam Husen Shah,
aged 25 years, Occ. Junior Engineer,
O/o Executive Engineer, Road Project
Department, Gadchiroli, Distt. Gadchiroli,
R/o. Qtr No. 8, P.W.D. Colony,
Allapalli, Tq. Aheri, Distt. Gadchiroli ...... PETITIONER
...VERSUS...
1. The State of Maharashtra through
the Principal Secretary, Social Justice
and Empowerment Department,
Mantralaya, Mumbai.
2. The Divisional Caste Scrutiny
Committee, Amravati Division,
Amravati, through its Chairman.
3. The Executive Engineer, Marg Prakalp
Department (Road Project Department),
Gadchiroli, Distt. Gadchiroli ...... RESPONDENTS
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Shri M.K.Kulkarni, Advocate, for Petitioner.
Ms. Geeta Tiwari, Asstt. Govt. Pleader for Respondent nos. 1 to 3
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th DATE : 13 JULY, 2017 .
ORAL JUDGMENT (Per Deshpande, J) Heard Shri Kulkarni, the learned counsel for the petitioner and Ms. Tiwari, the learned Assistant Government ::: Uploaded on - 17/07/2017 ::: Downloaded on - 18/07/2017 00:00:07 ::: 2 wp4506.04.odt Pleader of respondents.
2] The challenge in this petition is to the order dated 23.08.2004 passed by the Divisional Caste Scrutiny Committee, Amravati, invalidating the caste claim of the petitioner for Chhapparband (Vimukta Jati). 3] The petitioner has placed on record along with the Civil Application (W) No. 398 of 2017, a certificate of validity dated 29.04.2014 issued by the Caste Certificate Scrutiny Committee, Nagpur Division, in the name of the first cousin of the petitioner viz. Hasnain Mazhar Nazar Husain Rizvi, showing that he belongs to Chhapparband (Vimukta Jati).
4] We allow the Civil Application (W) No. 398 of 2017 and take on record the validity certificate dated 29.04.2014. The Committee is, therefore, required to reassess the claim of the petitioner in the light of the validity certificate issued in the name of the first cousin of the petitioner.
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5] In the result, writ petition is allowed. The order
dated 23.08.2004 passed by Divisional Caste Scrutiny Committee, Amravati, is hereby quashed and set aside. The matter is remitted back to the said Committee to decide the claim of the petitioner afresh by taking into consideration the validity certificate dated 29.04.2014. Needless to say that the petitioner will have to establish his blood relation with the person in whose name the certificate of validity has been issued. The petitioner to appear before the Committee on 21 st August, 2017. The Committee thereafter shall proceed to decide the claim in accordance with law within a period of eight months from the date of appearance of the petitioner.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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