Rajesh Pralhad Thakur vs The State Of Maharashtra And ...
2021 Latest Caselaw 5652 Bom

                                                              998-wp-5390-21
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 5390 OF 2021

 Rajesh S/o Pralhad Thakur                     ... Petitioner.

          Versus
 The State of Maharashtra
 and others                                    ... Respondents.
                                      ....
 Mr. Sushan C. Yeramwar, Advocate for the Petitioner.
 Mr. S.K. Tambe, A.G.P. for all Respondent Nos. 1 and 2.
                                      ....
                               CORAM : S.V. GANGAPURWALA AND
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 25th MARCH, 2021 PER COURT:-

1. The caste validation proceeding of the petitioner is pending with respondent No.2.

2. This Court had directed the committee to decide the validation proceeding of the petitioner within one year under order dated 07.04.2014. Seven years have passed, but the same is not yet decided.

3. The committee is expected to adhere to the orders passed by this Court. Mr. Yeramwar, learned counsel for the petitioner points out that real uncle's daughter of the petitioner namely Vaishali Liladhar Mahale is issued with the validity certificate under the judgment and order of this Court dated 14.07.2017 in writ petition No.4504 of 2015. The real cousin uncle's daughter namely Ojasvi Mangalsing Mahale also issued with the validity certificate under the judgment and order of this Court dated 28.09.2018 in writ petition No.5190 of

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2013. According to the learned counsel for the petitioner, the petitioner is also entitled for the validity certificate accordingly.

4. As the validation proceeding is pending, we directed the Committee to decide the said validation proceeding within a period of three (03) months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 06.04.2021.

5. The Committee certainly will consider the judgment delivered by this Court in case of Vaishali Liladhar Mahale dated 14.07.2017 in writ petition No.4504 of 2015 and another judgment delivered by this Court in case of Ojasvi Mangalsing Mahale dated 28.09.2018 in writ petition No.5190 of 2013. The judgments delivered by this Court are binding upon the Committee. The validation proceeding shall be decided within a period of three months as directed.

5. The impugned notice directing to produce the validity certificate within three days is quashed and set aside.

6. The writ petition is disposed of. No costs.

 ( SHRIKANT D. KULKARNI )                         ( S.V. GANGAPURWALA )
         JUDGE                                             JUDGE

 S.P. Rane




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