Mohammad Saad Salim Shaha vs The State Of Maharashtra And ...
2021 Latest Caselaw 17876 Bom

                                       1                          995-WP-14545-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO.14545 OF 2021

                     MOHAMMAD SAAD SALIM SHAHA
                                    VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
            Advocate for Petitioner : Mr. Javed Abdul H. Deshmukh
                    AGP for Respondents: Mr. S.K. Tambe.
                                       ...
                                 CORAM : S. V. GANGAPURWALA AND
                                              S. G. DIGE, JJ.

                                   DATE    : 22nd DECEMBER, 2021
PER COURT :-

1.      The tribe claim of the petitioner as "Chhaparband" VJ is
invalidated.

2.      The learned counsel for the petitioner submits that paternal
relatives of the petitioner have received the validity certificate, but the
Committee declined to issue validity certificate to the petitioner, as
petitioner could not prove the relationship. The learned counsel submits
that opportunity was not given to the petitioner to prove the
relationship. According to learned counsel for the petitioner, if validity is
issued to the nearest relatives of the petitioner, then the same would be
a relevant fact.

3.      Considering that the matter involve social status of the petitioner,
we are inclined to grant one more opportunity to the petitioner to prove
his claim.


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

(I) The impugned judgment of the Committee is quashed and set aside.

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      (ii)     The parties are relegated before the Committee.


      (iii)    The petitioner shall appear before the Committee on

28-12-2021. The petitioner may place on record the additional documents, if petitioner so chooses to prove the relationship as claimed by the petitioner.

(iv) The Committee shall make an endeavour to take decision in the proceeding of the petitioner expeditiously and preferably within a period of one (01) month from the date of appearance of the petitioner before Committee.

(v) The petitioner shall co-operate with the Committee in expeditious disposal of the proceeding.

5. Writ petition is disposed of accordingly. No costs.

 ( S.G. DIGE )                                         ( S.V. GANGAPURWALA )
     JUDGE                                                     JUDGE




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