Atharva Nilesh Lokal Thr. Father ... vs State Of Maharashtra Thr. ...
2021 Latest Caselaw 8680 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION
                         WRIT PETITION NO. 2332 OF 2021


Atharva Nilesh Lokal through
its Father and Natural Guardian
Nilesh Ramdas Lokal.                                                    ... Petitioner

                 Versus

State of Maharashtra and Anr.                                           ... Respondents


Mr. R. K. Mendadkar, for the Petitioner.
Mrs. Rupali M. Shinde, AGP for State-Respondent Nos. 1 and 2.


                              CORAM : R. D. DHANUKA &
                                      V. G. BISHT, JJ.

DATE : 1st July, 2021.

PC:

Rule. Respondents waive service. By consent of parties, Petition is

heard finally.

2 By this Petition under Article 226 of Constitution of India, the

petitioner prays for quashing and setting aside the impugned judgment

and order dated 14/01/2021 passed by the respondent No.2-Committee

with further direction to respondent no.2-committee to reconsider the

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tribe claim of the petitioner in the light of new documents available with

the petitioner i.e. caste validity certificate of first cousin uncle of the

petitioner and the school record of cousin great grandfather showing

tribe as "Mannervarlu" on 17/06/1942.

3 Learned AGP, on instruction, states that the respondents have no

objection if the matter is remanded back and if the order dated

14/01/2021 is set aside with a direction to reconsider the claim of the

petitioner and to produce the additional documents. Statement is

accepted.

4 Rule is accordingly made absolute in terms of prayer clause (a).

5 The Scrutiny Committee shall decide the said Caste Claim

expeditiously without being influenced by the observations made and

the conclusion drawn in the order dated 14/01/2021 and on its own

merits.

6 The order that would be passed by the Respondent No.2-

Committee shall be communicated to the petitioner within one week

from the date of the said order. If the said order is found adverse

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against the petitioner, the petitioner would be at liberty to file an

appropriate proceeding.

7 The petitioner would be at liberty to produce additional

documents before the Scrutiny Committee.

8 The petitioner is directed to remain present before respondent

no.2-Committee on 7th July, 2021. If the date assigned by this Court is

not convenient to the Committee, an early convenient date shall be

communicated to the petitioner.

9 It is made clear that this Court has not expressed any views on the

merits of the matter. All the contentions of parties on merits are kept

open.

10 Petition is disposed of in the aforesaid terms. No order as to costs.

            (V. G. BISHT, J.)                  ( R. D. DHANUKA, J.)




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