Shubham Dattatray Telang vs The State Of Maharashtra And ...
2021 Latest Caselaw 17663 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                     185 WRIT PETITION NO.14159 OF 2021

                         SHUBHAM DATTATRAY TELANG
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                    AND
                     12 WRIT PETITION NO.14214 OF 2021

                         DATTATRAY RAJARAM TELANG
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
          Mr.S.M. Vibhute, advocate for the petitioners.
          Mr.S.P.Tiwari & Mr. S.K. Tambe, AGPs for the
          respondent/State.
          Mr.S.G. Karlekar, advocate for respondent no.3 in
          WP no.14159/2021.
                                 ...
                               CORAM : S.V. GANGAPURWALA
                                            AND
                                        S.G. DIGE, JJ.
                               DATE : 20th DECEMBER, 2021
          PER COURT :-

          1.               At the request of the petitioner leave
          to amend.


          2.               The caste claims of the petitioners as
          Gond, Scheduled Tribe are invalidated.


          3.               It is submitted by the learned A.G.P.
          that the petitioners suppressed the invalidation
          of      their         paternal      relative     namely         Shivraj
          Madhukarrao            Telang. His claim was invalidated.
          He     filed         Writ    Petition      before         this      Court
          and          the      said   Writ    Petition       is     dismissed.




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          The invalidation is confirmed.


          4.               In genealogy shown by the petitioners,
          the petitioners have shown the genealogy from the
          branch of Baliram whereas in Thiksha file other
          branch of Lingoji appears.


          5.               The          learned       advocate           for         the
          petitioners               submits   that    the   petitioners           could
          not      get         opportunity      to    controvert          the       said
          genealogy as it is only during the judgment the
          said observations were made by the Committee. The
          learned Advocate submits that the opportunity may
          be     given         to    the   petitioners      to   deal      with      the
          same.


          6.       In the light of above, we pass the following
          order :-
                                              ORDER

(i) The impugned judgment and order is quashed and set aside.

(ii) The petitioners are relegated before the Committee. The petitioners shall appear before the Committee on 27th December, 2021.

(iii) The petitioners may file their say to the genealogy and the observations made with regard to the invalidation in case of Shivraj Madhukarro Telang.

14159.21WP+.odt

(iv) The Committee shall thereafter reconsider the matter, hear the petitioners and take decision on its own merits.

(v) The Writ Petitions are disposed of. No costs.

(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.)

SGA