Bombay High Court
Vedant S/O Sunil Newale vs Priti Bondre, Vice Chairman ... on 7 December, 2021
Bench: A.S. Chandurkar, G. A. Sanap
12.CP283.21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CONTEMPT PETITION NO. 283/2021 IN
WRIT PETITION NO.3633/2021(D)
Vedant Sunil Newale
Vs.
Smt. Priti Bondre, Vice-Chairman, Scheduled Tribes Caste Certificate Scrutiny
Committee, Amravati and ors.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri P. R. Parsodkar, Advocate for petitioner.
Shri Neeraj Patil, Assistant Government Pleader for respondents-State.
CORAM :- A.S.CHANDURKAR AND G.A.SANAP, JJ.
DATED :- DECEMBER 07, 2021.
In Writ Petition No.3633/2021 this Court on 17.09.2021
had directed the Scrutiny Committee-respondent to decide the tribe
claim of the petitioner in accordance with law within a period of eight
weeks from the receipt of copy of the order. Since the claim of the
petitioner was not decided within the aforesaid period, the present
contempt petition has been filed.
After the notice was issued the respondent no.1 has filed
reply in which it has been stated that the claim of the petitioner for
scrutiny of his tribe claim was placed before the Committee of four
members. On 18.11.2021 two members of the Scrutiny Committee
after referring to the judgment in Writ Petition No.7075/2016 in
which the claim of the petitioner's father was validated, have opined
that the petitioner would be entitled for grant of validity certificate.
Two other members however disagreed with the aforesaid opinion as
a result of which the proceedings were placed before the Chairman of
the Scrutiny Committee.
Today the learned Assistant Government Pleader has invited
attention to the order passed by the Committee comprising of five
members dated 07.12.2021 in which the Committee has invalidated
the tribe claim of the petitioner.
We find that Writ Petition No.7075/2016 was preferred by
the father of the present petitioner and this Court on 28.11.2018 had
declared that the petitioner's father had established his claim of
belonging 'Halbi - Scheduled Tribe'. The Scrutiny Committee was
directed to issue validity certificate to him and such validity certificate
has been accordingly issued. We may also note that in the order
dated 07.12.2021 the Scrutiny Committee in paragraph 12 of its
order has referred to the adjudication in Writ Petition No.7075/2016
but has chosen to ignore that adjudication by furnishing specious
reasons.
Be that as it may, since the scope of the present proceedings
are restricted to the grievance with regard to non-compliance of the
order passed in Writ Petition No.3633/2021 and as the Scrutiny
Committee has today decided the proceedings, it is not found
necessary to keep the contempt petition pending.
The petitioner is free to invoke appropriate jurisdiction for
challenging the order dated 07.12.2021 in accordance with law, if so
advised. All challenges including the grievance that the Scrutiny
Committee has ignored the legal effect of the orders flowing from
adjudication of Writ Petition No.7075/2016 are kept open. We note
that the copy of the order dated 07.12.2021 has been supplied to the
counsel for the petitioner.
The contempt petition is accordingly disposed of.
(G.A.SANAP, J.) (A.S.CHANDURKAR, J.)
Digitally Signed byJAYANT S
ANDURKAR Andurkar..
Personal Assistant
Signing Date:
07.12.2021 18:22
