Sujata Kundlik Pawar vs The State Of Maharashtra Through ...
2022 Latest Caselaw 3571 Bom

                                     1              908- W. P. No. 3948-2022.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                         908 WRIT PETITION NO.3948 OF 2022

SUJATA KUNDLIK PAWAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS

                        ...

Advocate for Petitioner : Mr. Anandsingh Bayas AGP for Respondent Nos. 1 to 3: Mr. S. B. Yawalkar, ...

CORAM : R. D. DHANUKA & S.G. MEHARE JJ.

DATE : 01.04.2022.

PER COURT :-

The learned AGP waives service of notice for

respondent Nos. 1 to 3. Issue notice to the respondent No.4

returnable on 8th June 2022. Humdust is permitted.

2. In addition to Court notice, the petitioner is permitted to

serve respondent No.4 by private notice and fle afdavit of

service.

3. Mr. Bayas, learned counsel for the petitioner invited our

attention to the Judgment of this Court delivered on 16th March

2022 in writ Petition No. 9595 of 2016 In case of Rajanna

Ganganna Rashalawar Versus The State of Maharashtra and

others dated 16th March, 2022 and would submit that the

scrutiny committee has invalidated caste claim, only on the

ground that the petitioner had not produced documents prior to

1950. In our prima facie view the order passed by the caste

scrutiny committee is contrary to the view taken by this Court in

case of Rajanna Ganganna Rashalawar Versus The State of

Maharashtra and others (supra).

4. Respondent No.4 shall fle Afdavit-in-reply within three

weeks from the date of receipt of papers and proceedings of the

petition with a copy to be served upon the petitioner's advocate

simultaneously. In so far as respondent Nos. 1 to 3 are

concerned, they are permitted to fle afdavit-in-reply within

three weeks from today. The original record and proceedings

which is forming part of the record before the Caste Scrutiny

Committee, shall be produced before the next date.

5. Till the next date, respondent shall not take coercive steps

against the petitioner for non production of caste validity

certifcate.

6. The learned AGP to convey this order to the Collector for

information and compliance.

7. Parties to act upon authenticated copy of this order.

         (S.G. MEHARE J.)                  ( R.D. DHANUKA J. )

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