Latabai Maharu Koli Alias Latabai ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 13151 Bom

                                                                   907-ca-8988-2021.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

            907 CIVIL APPLICATION NO.8988 OF 2021
       IN WP/7721/2020 WITH CA/9494/2021 IN WP/7721/2020

      LATABAI MAHARU KOLI ALIAS LATABAI CHANDRAKANT
                           SONAWANE
                             VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
             Advocate for Applicant : Mr. B.R. Waramaa
            GP for Respondent Nos.1 & 2 : Mr. D.R. Kale
           Advocate for Respondent No.3 : Mr. Y.B. Bolkar
                                 ...

                                  CORAM : RAVINDRA V. GHUGE &
                                          S.G. MEHARE, J.J.

                                   DATED : 15th SEPTEMBER, 2021


PER COURT :-

1.               By the judgment dated 03.12.2020, a co-ordinate bench

(Coram : S.V. Gangapurwala and Shrikant D. Kulkarni, JJ.) has

allowed Writ Petition No.7721 of 2021 and has passed the following

order:

          "19.    In the light of the above, we pass following order.

                                        ORDER

A. The impugned order is quashed and set aside. B. The petitioner shall submit the tribe certifcate issued by the competent authority i.e. Sub Divisional Ofcer, Amalner to the Scrutiny Committee at Nandurbar within a period of seven (07) days from today.

C. On submission of the tribe certifcate as directed above, the Committee shall endeavour to decide the validation proceedings of the petitioner expeditiously and preferably within a period of four (04) months from the date of submission of tribe

907-ca-8988-2021.odt

certifcate by the petitioner.

D. The writ petition is disposed of. No costs."

2. The applicant - original petitioner has approached the

Hon'ble Apex Court for challenging the said judgment. The

complainant has also approached the Hon'ble Apex Court assailing the

same.

3. By this application, the original petitioner prays for relaxing

the direction in clause 19(C).

4. In our view, a substantive direction has been issued by the

learned bench which decided the petition and the prayer of the

applicant, though diferently worded, is for recalling the direction in

clause 19(C).

5. In view of the above, this civil application can be heard by

the same learned bench which has delivered the judgment dated

03.12.2020.

6. Hence, remove from the board.

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.)

Mujaheed//