Kailas S/O Shankar Bhalerao vs Schedule Tribe Caste Certificate ...

Citation : 2022 Latest Caselaw 8894 Bom
Judgement Date : 6 September, 2022

Bombay High Court
Kailas S/O Shankar Bhalerao vs Schedule Tribe Caste Certificate ... on 6 September, 2022
Bench: S.B. Shukre, Valmiki Sa Menezes
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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH : NAGPUR

               WRIT PETITION NO.4987/2022

Kailas S/o Shankar Bhalerao,
Age about 34 Yrs., Occ. Student,
R/o Rokadiya Nagar, Near Water
Tank, Shegaon, Tq. Shegaon,
Dist. Buldana.                                   ...    Petitioner

      - Versus -

Scheduled Tribe Caste Certificate Scrutiny
Committee, Amravati Division,
Old by pass, Chaprashipura, Amravati, through
its Vice Chairman / Jt. Commissioner.         ...      Respondent

          -----------------
Mr. Ankush P. Kalmegh, Advocate for the Petitioner.
Mr. K.L. Dharmadhikari, Assistant Government Pleader for the
Respondent.
          ----------------

            CORAM : SUNIL B. SHUKRE AND
                    VALMIKI SA MENEZES, JJ.

DATE : 6.9.2022 ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

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                        2.           Learned   Assistant   Government      Pleader,   on

instructions, states that at least six months time is required by respondent Committee to take decision regarding the tribe claim of the petitioner. We are of the view that time of six months is unreasonable in view of the fact that the tribe claim of the petitioner is pending before the Scrutiny Committee since 19.12.2019 as submitted by learned counsel for the petitioner. If this is so, necessary direction would have to be issued to the respondent Committee.

3. We, therefore, allow the petition and direct the respondent Committee to decide the tribe claim of the petitioner, in accordance with law, as expeditiously as possible and in any case, within four months from the date of receipt of the order. Rule accordingly. No costs.

(VALMIKI SA MENEZES, J.) ( SUNIL B. SHUKRE, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:07.09.2022 10:47