Sandip Pralhad Wagh vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 5823 Bom

                                                                                                 977
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD
                            977 WRIT PETITION NO.5572 OF 2021

                         SANDIP PRALHAD WAGH
                                   VERSUS
     SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND ANOTHER
                                     ...
               Advocate for Petitioners : Mr Phatale Sagar S
               AGP for Respondents State: Mr P K Lakhotiya


                                           CORAM    : S. V. GANGAPURWALA &
                                                      SHRIKANT D. KULKARNI, JJ.
                                           DATE     : 31st March, 2021.
ORDER:

1. Validation proceeding in respect of tribe claim of the petitioner is

pending since 2011. Mr. Phatale, the learned counsel submits that

vigilance was conducted and say was filed to the vigilance report in 2013.

As yet, the proceedings are not decided.

2. Learned A.G.P., on instructions, submits that the Committee has

referred the matter for fresh vigilance in February, 2019. Vigilance report is

awaited.

3. Eleven years is a too long a period for the Committee to give any

excuse in not deciding the proceeding. It is high time, the members of the

Scrutiny Committee, Nandurbar start dealing with the matters

expeditiously more particularly, the old matters.

4. The petitioner shall appear before respondent No.1 Committee on

08.04.2021. The respondent No.1 Committee shall decide the validation

proceedings preferably within six months. The petitioner shall also

cooperate for expeditious disposal of the proceeding.

5. The impugned notice issued by respondent No.2 is quashed and

set aside.

6. The respondent No.2 may take further course of action depending

upon the judgment that would be delivered by the Committee in the

validation proceedings.

7. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC