Kishor Sukhdeo Dandge vs The State Of Maharashtra And ...
2016 Latest Caselaw 723 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
                     BENCH AT AURANGABAD




                                                   
                         WRIT PETITION NO. 3227 OF 2016

              Kishor S/o Sukhdeo Dandge,




                                                  
              Age : 26 Years, Occu. : Service,
              As a Clerk, Tahsil Office, Karjat,
              District Ahmednagar,
              R/o Rajesambhaji Colony, Jadhav




                                        
              Wadi, Aurangabad.                             ..    Petitioner

                       Versus
                             
                            
     1.       The State of Maharashtra,
              Through Secretary,
              Revenue & Forest Department,
              Mantralaya, Mumbai - 32.
      


     2.       The Collector,
   



              Ahmednagar District Ahmednagar.

     3.       The Scheduled Tribes Caste Scrutiny
              Committee, Aurangabad Division,





              Aurangabad,
              Through its Secretary.                        ..    Respondents

     Shri Deepak A. Chaudhari, Advocate for the Petitioner.
     Shri A. M. Phule, A.G.P. for All Respondents.





                               CORAM : S. V. GANGAPURWALA AND
                                        A. I. S. CHEEMA, JJ.

DATE : 17TH MARCH, 2016.

ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

     .        Issue   notice   to   respondents.     The   learned   Assistant 





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Government Pleader waives notice for all respondents.

2. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

3. Mr. Chaudhari, the learned counsel for the petitioner submits that, the validation proceedings in respect of tribe claim

of the petitioner as belonging to Koli Malhar (Scheduled Tribe)

are pending with the Committee since July 2015. No decision is taken as yet and the employer/respondent No. 2 has issued notice

to the petitioner to submit the validity certificate immediately or else further action would be taken.

4. The learned Assistant Government Pleader states that, the

Committee would decide the validation proceedings on its own immediately.

5. To get the proceedings decided within stipulated period is not in the hands of a litigant. The validation proceedings are

still pending.

6. Considering the above, we pass following order.

7. The respondent No. 3/Committee shall decide the validation proceedings in respect of the tribe claim of the

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petitioner expeditiously and preferably within a period of nine (09) months from today. The petitioner shall co-operate in

expeditious disposal of the validation proceedings. The petitioner shall appear before the Committee on 04th April, 2016.

8. Till the validation proceedings are pending, the respondent No. 2/employer shall not take any coercive action against the

petitioner only on the ground that validation proceedings are

pending. The impugned notice/communication is quashed and set aside.

Rule accordingly is made absolute in above terms.

9. The parties to act on authenticate copy.

                   Sd/-                                     Sd/-
      [ A. I. S. CHEEMA, J. ]                  [ S. V. GANGAPURWALA, J. ]





     bsb/March 16