Suresh S/O Dnuandeo Budh vs The State Of Maharashtra & 4 Others
2017 Latest Caselaw 4600 Bom

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

WRIT PETITION NO. 3217 /2000

Suresh s/o Dnyandeo Budh Aged 37 years, occu: service R/o Lakhond, Tah. & Dist. Akola. ..PETITIONER

v e r s u s

1) The State of Maharashtra Through its Secretary Tribal Development Department Mantralaya, Bombay-32.

2) The Chairman, Caste Scrutiny Committee for Verification of Tribes, Adiwasi Vikas Bhawan Giripeth, Amravati Road, Nagpur.

3) The Divisional Controller Maharashtra State Road Transport corporation, Ratnagiri Division Ratnagiri.

4) The Depot Manager, Maharashtra State Road Transport Corporation Mandangad, Dist.Ratnagiri.

5)        The  Executive Magistrate,
          Akola.                                                                     ..RESPONDENTS

...........................................................................................................................

Shri A.S. Mardikar, Senior counsel assisted by Shri S.G.Joshi, Advocate for the petitioner Mr. N.S. Rao, Assistant Government Pleader for Respondent no.1 Mr S.C. Mehadia, Advocate for respondent nos. 3 and 4 ............................................................................................................................

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                                       CORAM:    R.K.DESHPANDE &
                                                      MRS . SWAPNA JOSHI, JJ
                                                                            . 
                                       DATED :       17  July, 2017
                                                       th

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

The respondent no.2-Scrutiny Committee has invalidated

the caste claim of the petitioner for 'Koli Mahadeo' Scheduled Tribe,

which is an entry at Sr. No.29 in the Constitution (Scheduled Tribe)

Order, 1950. It is an undisputed position that the petitioner was not

granted hearing in the matter and probably the copy of the police

vigilance cell was not supplied to him. The date on which the matter was

fixed, the petitioner had sent a telegram for grant of adjournment

because of his illness. The Committee refused to grant an adjournment

and proceeded to decide the matter on merits. The order of the Scrutiny

Committee therefore will have to be set aside with an order of remand.

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

respondent no.2-Committee passed on 6.5.2000 is hereby quashed and

set aside. The petitioner to appear before the Committee on 21 st August,

2017. The Committee shall follow the procedure prescribed under the

Maharashtra Act No. XXIII 2001 and the Rules framed thereunder, to

decide the caste claim of the petitioner afresh.

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

as to costs.

                         JUDGE                       JUDGE
sahare