Naved Yousuf Shah vs The State Of Mah. & Ors
2017 Latest Caselaw 6959 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD



                          WRIT PETITION NO. 3993 OF 2002
                                      WITH
                          CIVIL APPLICATION NO.8895/2009



 Naved Yousuf Shah s/o
 Dr.Yousuf Hazi Habib Shah,
 Aged 18 years, (completed)
 Student, R/o Wakdi, Tq.Jamner
 Dist.Jalgaon.                                .. PETITIONER


          VERSUS


 1]The State of Maharashtra
 (Copy to be served on the
 Government Pleader, High
 Court, Bench : Aurangabad)

 2]The Scheduled Castes,
 Vimukta Jatis, Nomadic Tribes,
 Other Backward Classes and
 Special Backward Classes
 Welfare Caste Verification
 Committee, Nasik Region, Nasik
 (through its Member Secretary)

 3]Ayurvedic Medical College
 Nalasopara Mumbai
 (Through its Principal)

 4]The Sub-Divisional Officer,
 Jamner, Dist.Jalgaon.                        ..RESPONDENTS

 Shri U.R.Aute,Adv. h/f Shri S.B.Talekar,Adv. For petitioner
 Shri P.S.Patil, AGP for respondent no.1.

                                        ...



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                               CORAM : S.V.GANGAPURWALA &
                                       MANGESH S. PATIL,JJ.

DATE : 08/09/2017

ORAL JUDGMENT [PER S.V.GANGAPURWALA,J.] :-

The caste claim of the petitioner as Chapparband (Vimukta

Jati) is invalidated.

2] We have heard Mr.Aute, learned counsel for petitioner and

Mr.P.S.Patil, learned AGP for respondent State.

3] It appears that the real elder brother and sister of the petitioner

had been issued with the validity certificate as belonging to

Chapparband (Vimukta Jati). The objection to the said certificate is

that they were issued without vigilance.

4] It is submitted that during the pendency of the present Writ

Petition, the paternal cousins of the petitioner have been issued with

the validity certificate on 2/8/2011 and 10/8/2010 viz. Hasimshah

Mustaqshah and Nadimshah Mustaqshah. Naturally these validity

certificates and the evidence led therein were not before the

Committee.

5] Considering the above, we deem it appropriate to give

opportunity to the petitioner to produce said evidence before the

Committee and the Committee shall reconsider the caste claim of the

petitioner for Chapparband (Vimukta Jati).

6] In light of the above, we pass following order :

I] The impugned judgment and order is quashed and set aside. The matter is remitted to the Committee for decision afresh.

II] The petitioner may produce the additional evidence before the Committee. The petitioner shall appear before the Committee on 3 October 2017. The Committee shall after considering the additional evidence produced and also considering the entire evidence afresh, decide the proceeding on its own merits expeditiously. Rule accordingly, partly made absolute. No costs.

III] In view of disposal of Writ Petition, Civil Application stands disposed of.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.)

umg/