Priti D/O. Vijaykumar Narnaware vs The Scheduled Tribe Caste ...
2016 Latest Caselaw 4799 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR




                                                                                        
                               WRIT PETITION NO.510/2016




                                                                
            Priti d/o Vijaykumar Narnaware,
            aged 27 years, Occ. Nil,
            R/o Plot No.1, Mudra Nagar, 
            Near Shivaji Lawn, Besa Road,




                                                               
            Manewada, Nagpur.                                    .....PETITIONER

                                   ...V E R S U S...




                                                
            The Scheduled Tribe Caste Certificate
            Scrutiny Committee, Adiwasi Vikas
                             
            Bhavan, Giripeth, Nagpur, thr. Its
            Dy.Director (R) & Member Secretary. ...RESPONDENT
     -----------------------------------------------------------------------------------------------
                            
     Ms P. D. Rane, Advocate for petitioner.
     Mr. D. P. Thakare, Addl.G.P. for respondent-State.
     -----------------------------------------------------------------------------------------------
                     CORAM:-  B. R. GAVAI &    V. M. DESHPAND E, JJ.

DATED :- AUGUST 22, 2016

ORAL JUDGMENT (Per : B. R. GAVAI, J.)

1. Rule. Rule returnable forthwith. Heard finally by consent

of the parties.

2. The petitioner has approached this Court, being aggrieved

by the order passed by the respondent-Scrutiny Committee thereby

invalidating the claim of the petitioner.

3. Learned counsel for the petitioner submits that certain

pre-independence documents in respect of the petitioner's

grandfather have come to the notice of the petitioner after passing of

the order by the Scrutiny Committee. It is submitted that if the said

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documents are considered by the Scrutiny Committee, there is every

likelihood that the petitioner's claim would be considered favourably.

4. We do not wish to go into merits of the claim of the

petitioner. However, we find that if the petitioner has come across

some pre-independence documents she may be granted an

opportunity for reconsideration of her claim.

5. In view of above, the writ petition is partly allowed. The

impugned order is quashed and set aside. The matter is remitted

back to the Scrutiny Committee. The petitioner is permitted to place

the pre-independence documents on record of Scrutiny Committee.

The Scrutiny Committee shall examine the correctness or otherwise

of the said documents through the vigilance cell and decide the

matter, in accordance with law.

Needless to state that prior to passing of the order, the

Scrutiny Committee shall give an opportunity of hearing to the

petitioner.

Rule is made absolute in the above terms. No order as to

costs.

                          (V. M. Deshpande, J.)                     (B. R. Gavai, J.)



     kahale





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