Shri. Bashir Adam Khedekar vs District Caste Scrutiny ...
2021 Latest Caselaw 12610 Bom

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                    SHARAD    PHADKE
                    PHADKE    Date: 2021.09.04
                              19:03:27 +0530
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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION
                           WRIT PETITION NO. 4495 OF 2021
Bashir Adam Khedekar                                                    ...       Petitioner
Versus
District Caste Scrutiny Committee, Kolhapur & Ors.                      ...       Respondents


Mr.Tanaji Mhatugade for the Petitioner.
Mr.S.D.Vyas, B Panel Counsel for the State.
Mr.P.H.Chavan a/w. Mr. S.B.Shetye for State Election Commission.


                                                 CORAM : S.J. KATHAWALLA, &
                                                            MILIND N. JADHAV, JJ.

                                                 DATE     : 3RD SEPTEMBER, 2021
P.C. :

1. By the above Writ Petition, the Petitioner seeks the following reliefs :

"(A) That this Hon'ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ direction and order under Article-226 of the Constitution of India, 1950 quashing and setting aside the impugned Judgment and Order dated 30 th July, 2021 passed by Respondent No. 1 and be pleased to validate the caste claim of the Petitioner as Muslim - Gavandi."

2. It is submitted on behalf of the Petitioner that the impugned Judgment

and Order dated 30th July, 2021 passed by Respondent No. 1 Committee is arbitrary PA-Nitin Jagtap 2 / 3 20 wp 4495 of 2021 -2.odt

and unfair as the same is passed without giving a hearing to the Petitioner.

3. Upon perusal of the impugned Judgment dated 30 th July, 2021, it is

found that the same speaks otherwise. It is recorded therein that despite repeated

opportunities being given to the Petitioner to appear and present his case before the

Respondent No. 1 Committee, he has failed to do so and it therefore, appears that the

Petitioner is waiting for his term as Member of the Panchayat Sammittee, Ajara to

come to an end before any orders are passed.

4. Be that as it may, the learned Advocate appearing for the Petitioner has

on instructions stated that if the matter is remanded back to the Respondent No. 1

Committee by this Court, till such time that the Respondent No. 1 Committee takes a

decision and also if the Order of the Respondent No. 1 Committee is against him, the

Petitioner will not act as a Member of the Panchyat Sammittee, Ajara.

5. In view thereof, we pass the following Order :

i. The impugned Judgment and Order dated 30 th July, 2021 passed by

Respondent No. 1 Committee is set aside.

ii. Respondent No. 1 shall hear the concerned parties and decide the matter

with regard to validity of the caste certificate of the Petitioner within a period of four

weeks from today.

iii. The statement of the Petitioner made through his Advocate and

recorded in paragraph 4 above, is accepted.

iv. All contentions of the parties are kept open.

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v.                The Writ Petition is accordingly disposed off.



(MILIND N. JADHAV, J. )                             ( S.J. KATHAWALLA, J. )