Manohar Purushottam Chavan vs State Of Maharashtra Through ...
2021 Latest Caselaw 2609 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO. 584/2021

       Manohar P. Chavan                                        .. Petitioner
       vs.
       State of Maharashtra & Ors.                            .. Respondents

                                          .....
       Mr. Ramchandra Mendadkar for the Petitioner.
       Mr. R. S. Pawar, AGP for the State.
                                          .....

                                     CORAM: K.K.TATED, &
                                            RIYAZ I. CHAGLA, JJ.

DATED : FEBRUARY 09, 2021 P.C.

. Heard.

2. By this Petition, under Article 226 of the Constitution of India, the Petitioner is seeking directions against Respondent No.2 Scheduled Tribe Caste Certifcate Scrutiny Committee to decide the Petitioner's application dated 11/12/2003 for grant of Caste Validity Certifcate as belonging to Thakur, Schedule Tribe as expeditiously in accordance with law.

3. The learned counsel for the Petitioner submits that, earlier Respondent No. 2 Committee invalidated the Petitioner's certifcate by order dated 17/05/2013. Hence, the Petitioner fled the present Writ Petition No. 8381/2013 before this Court. He submits that in that writ petition, after hearing both sides, this Court set aside order dated

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24 WP 584-21.odt

17/05/2013 and directed Respondent No.2 Committee to decide the Petitioner's application as early as possible, but in any case, within four months from the date of the receipt of the copy of order. The operative part of the order dated 28/02/2014 reads thus:

"a. Impugned order of Scrutiny Committee dated 17 May 2013 is quashed and set aside.

b. The matter is remanded back to the Scrutiny Committee, for reconsideration.

c. The Scrutiny Committee to re-consider every aspect, by giving an opportunity to all the parties.

d. Liberty is granted to the Petitioner/parties to apply before the Scrutiny Committee for fling additional evidence, oral as well as, documentary material.

e. The Petitioner/parties to appear before the concerned Scrutiny Committee, on 18 March, 2014. Thereafter, the Committee to fx the date and schedule of hearing accordingly with an endeavour to dispose of the matter as early as possible and preferably within four months from the date of receipt of Judgment/Order.

f. In case, Scrutiny Committee passes an adverse order against the Petitioner/Claimant, the same should not be given effect to and/or acted upon for four weeks thereafter from the date of communication of the order."

4. The learned counsel for the Petitioner submits that, thereafter, the Petitioner appeared before the Committee but till today the same is not decided by Respondent No.2.

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                                                    24 WP 584-21.odt

He submits that in the meanwhile, Respondent No. 3 -The Collector Nashik by order dated 29/03/2019 issued the Show Cause Notice to the Petitioner why action should not be taken against him for non fling of the caste validity certifcate. He submits that, if the caste validity certifcate is not submitted within the time, the Respondent may terminate the Petitioner from his services. Thereafter, the Petitioner preferred the present writ petition for directing Respondent No.2 Committee to decide his application as early as possible.

5. The learned AGP submit that he requires one week time to take instructions from the Committee.

6. On his request, Registry is directed to place this matter on 17/02/2021.

       ( RIYAZ I. CHAGLA, J.)                    (K.K.TATED, J.)




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