Jeevan S/O Bhaurao Randai vs State Of Maharashtra, Thr. ...
2016 Latest Caselaw 6897 Bom

     0212WP4712.16-Judgment                                                                         1/2


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                              
                            NAGPUR BENCH, NAGPUR.




                                                                    
                         WRIT PETITION NO.  4712    OF    2016

     PETITIONER :-                        Jeevan   S/o   Bhaurao   Randai,   Aged   23   yrs,
                                          Occ.: Agriculturist, R/o Lawari, Post Amboli,




                                                                   
                                          Tah. Chimur, Distt. Chandrapur. 

                                             ...VERSUS... 

     RESPONDENTS :-                  1) The   State   of   Maharashtra,   through   its




                                                   
                                        Secretary,   Rural   Development   Department,
                                        Mantralaya, Mumbai-32.   
                               ig    2) The   Chairman,   Scheduled   Tribe   Caste
                                        Certificate Scrutiny Committee, Gadchiroli. 
                                     3) The Collector, Chandrapur. 
                             
                                     4) The Tahsildar, Chimur, Distt. Chandrapur. 
                                     5) The   Secretary,   Gram   Panchayat,   Chichala
                                        Shastri, Tah. Chimur, Distt. Chandrapur. 
      


     ---------------------------------------------------------------------------------------------------
                          Ms Preeti Rane, counsel for the petitioner.
   



        Mr.A.A.Madiwale, Asstt.Govt.Pleader for the respondent Nos.1 to 4. 
     ---------------------------------------------------------------------------------------------------

                                            CORAM : SMT. VASANTI    A    NAIK & 





                                                        MRS. SWAPNA JOSHI,   JJ.

DATED : 02.12.2016

O R A L J U D G M E N T (Per Smt. Vasanti A Naik, J.)

Rule. Rule made returnable forthwith. The writ petition

is heard finally at the stage of admission, as a notice for final disposal

was issued against the respondents and all the respondents are duly

served.

      0212WP4712.16-Judgment                                                                2/2


     2)               By   this   writ   petition,   the   petitioner   seeks   a   direction




                                                                                         

against the respondent-Scrutiny Committee to decide the caste claim of

the petitioner within a time frame. The petitioner has also challenged

the show cause notice issued by the Collector, dated 29/06/2016

proposing to cancel the membership of the petitioner on the gram

panchayat.

3) Shri Madiwale, the learned Assistant Government Pleader

appearing for the Scrutiny Committee, states on instructions that till the

last date of hearing, the caste claim of the petitioner was pending before

the Scrutiny Committee and if it is still pending, it would be decided as

early as possible.

4) If the caste claim of the petitioner is pending, the

membership of the petitioner on the gram panchayat needs to be

protected. Hence, we dispose of the writ petition with a direction to the

Scrutiny Committee to decide the caste claim of the petitioner, if not

decided, within one year. The membership of the petitioner on the gram

panchayat is protected till his caste claim is decided. Rule is made

absolute in the aforesaid terms with no order as to costs.

                                JUDGE                                            JUDGE 


     KHUNTE