Altaf Gulam Husen Shah./ vs The State Of Mah & 2 Others
2017 Latest Caselaw 4475 Bom

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

                          WRIT PETITION NO. 4506 OF 2004

            Altaf s/o Gulam Husen Shah,
            aged 25 years, Occ. Junior Engineer,
            O/o Executive Engineer, Road Project
            Department, Gadchiroli, Distt. Gadchiroli,
            R/o. Qtr No. 8, P.W.D. Colony, 
            Allapalli, Tq. Aheri, Distt. Gadchiroli  ......                  PETITIONER

                                 ...VERSUS...

 1.         The State of Maharashtra through
            the Principal Secretary, Social Justice
            and Empowerment Department,
            Mantralaya, Mumbai.

 2.         The Divisional Caste Scrutiny
            Committee, Amravati Division,
            Amravati, through its Chairman.

 3.         The Executive Engineer, Marg Prakalp
            Department (Road Project Department),
            Gadchiroli, Distt. Gadchiroli  ......                   RESPONDENTS

 -------------------------------------------------------------------------------------------
 Shri M.K.Kulkarni, Advocate, for Petitioner.
 Ms. Geeta Tiwari, Asstt. Govt. Pleader for Respondent nos. 1 to 3
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        Mrs. SWAPNA JOSHI, JJ.

th DATE : 13 JULY, 2017 .

ORAL JUDGMENT (Per Deshpande, J)

Heard Shri Kulkarni, the learned counsel for the

petitioner and Ms. Tiwari, the learned Assistant Government

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Pleader of respondents.

2] The challenge in this petition is to the order

dated 23.08.2004 passed by the Divisional Caste Scrutiny

Committee, Amravati, invalidating the caste claim of the

petitioner for Chhapparband (Vimukta Jati).

3] The petitioner has placed on record along with

the Civil Application (W) No. 398 of 2017, a certificate of

validity dated 29.04.2014 issued by the Caste Certificate

Scrutiny Committee, Nagpur Division, in the name of the first

cousin of the petitioner viz. Hasnain Mazhar Nazar Husain

Rizvi, showing that he belongs to Chhapparband (Vimukta

Jati).

4] We allow the Civil Application (W) No. 398 of

2017 and take on record the validity certificate dated

29.04.2014. The Committee is, therefore, required to

reassess the claim of the petitioner in the light of the validity

certificate issued in the name of the first cousin of the

petitioner.

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           5]              In the result, writ petition is allowed.   The order

dated 23.08.2004 passed by Divisional Caste Scrutiny

Committee, Amravati, is hereby quashed and set aside. The

matter is remitted back to the said Committee to decide the

claim of the petitioner afresh by taking into consideration the

validity certificate dated 29.04.2014. Needless to say that

the petitioner will have to establish his blood relation with the

person in whose name the certificate of validity has been

issued. The petitioner to appear before the Committee on 21 st

August, 2017. The Committee thereafter shall proceed to

decide the claim in accordance with law within a period of

eight months from the date of appearance of the petitioner.

Rule is made absolute in above terms. No order

as to costs.

                                JUDGE                           JUDGE


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