Ku.Arpana D/O Shri Lalchand ... vs State Of Mah.Thr.Secty. And ...
2017 Latest Caselaw 4068 Bom

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

                              WRIT PETITION NO. 3342/2001


*        Ku. Arpana D/o Shri Lalchand Pakhale 
         Aged about 17 years, 
         through natural guardian father :
         Shri Lalchand Bajirao Pakhale 
         R/o  106,  Mayur Palace 
         Trimurthi Nagar, Nagpur.                                                       ..PETITIONER.

                        VERSUS


1)       The  State of Maharashtra 
         Through the Secretary 
         Tribal  Development Department 
         Mantralaya, Mumbai-32

2)       The Committee for the Scrutiny  and 
         Verification of Tribal  Claim 
         Adiwasi Vikas Bhavan 
         Giripeth Amravati Road
         Nagpur 440 010.                                                      ..RESPONDENTS
                                                                                           . 

...................................................................................................................
   Mr.G.R.Kothari, Advocate  h/for Mr. V.R.Choudhary,for the petitioner 
   Mr. V.P. Maldhure,  Assistant Government Pleader for respondent no.1
                                     None for Respondent no.2 
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                                                 CORAM :  R.K. DESHPANDE &
                                                                  MRS.SWAPNA JOSHI, JJ.

                                                 DATED :    5       th
                                                                       July, 2017
                                                                                 





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ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)

This petition challenges the order dated 24.05.2001 passed

by the Committee for Scrutiny and Verification of Tribal Claims/

respondent no.2, invalidating the caste claim of the petitioner for 'Halbi'

Scheduled Tribe category. The matter was decided prior to coming into

force of Act No. XXIII/2001. From the order, it seems that the procedure

prescribed was not followed, apart from the fact that the findings

recorded are in ignorance of law subsequently laid down by the Apex

Court as well as by this Court. The claim was made for the purpose of

education. The matter can be decided afresh by the respondent no.2-

Committee in accordance with the provisions of the said Act and the

Rules framed thereunder.

2. In the result, the Writ Petition is allowed. The order dated

24.05.2001 passed by the respondent no.2-Committee is hereby

quashed and set aside. The matter is remitted back to the said

Committee to follow the procedure prescribed for scrutiny and

verification of tribe claims under the said Act and the Rules. The

petitioner to attend the Scrutiny Committee on 21.08.2017. The

Committee shall permit the petitioner to file additional documents, if

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any, on record. The Committee shall decide the caste claim of the

petitioner within a period of one year from the date of communication

of this order.

3. Rule is made absolute in the aforesaid terms with no order

as to costs.

                         JUDGE                             JUDGE
sahare