Rutuja Babasaheb Jagtap vs The State Of Maharashtra Through ...
2022 Latest Caselaw 3596 Bom

                                        1                           08-WP-8895-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        8 WRIT PETITION NO. 8895 OF 2021

                       BABASAHEB DATTATRAY JAGTAP
                                 VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS
                                   ...

                          WRIT PETITION NO. 8896 OF 2021

                         RUTUJA BABASAHEB JAGTAP
                                  VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS
                                    ...
                       WRIT PETITION NO. 8897 OF 2021

                         YOGESH DATTATRYA JAGTAP
                                    VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
               Advocate for Petitioners : Mr. Sushant C. Yeramwar
               Addl GP for Respondent Nos. 1 and 2 : Mr. P.S. Patil
                Advocate for Respondent No. 3 : Mr. B.T. Bodkhe
                                        ...
                                   CORAM : RAVINDRA V. GHUGE AND
                                               S. G. DIGE, JJ.

                                    DATE    : 4th APRIL, 2022

PER COURT :-

1. The learned Additional Government Pleader as well as the learned Advocate for the petitioners submit that recently the Honourable Supreme Court has passed an order in the matters pertaining to the 'Thakur - Scheduled Tribe'.

2. In view of the judgment delivered in the case of Shilpa Vishnu Thakur by the Honourable Apex Court, issue is now referred to the Larger Bench comprising of three learned Judges of the Supreme Court.

2 08-WP-8895-21.odt

3. The present petitioners' claim to be belonging to 'Thakar - Scheduled Tribe'.

4. The learned AGP submits that this is tribe finds entry at Serial No. 44 in the list of Scheduled Tribe annexed to the Constitution.

5. As such, by consent of the parties, these matters are adjourned.

6. Liberty to circulate after the Honourable Supreme Court decides the said issue.

7. All office objections shall be removed on or before 21 st April, 2022, failing which, the petition in which the objections are not removed, shall stand dismissed without reference to the Court on 22 nd April, 2022.

8. The ad-interim relief granted earlier would continue.

9. Needless to state, this would not create any rights or equities in favour of the petitioners and in the event they suffer an adverse order, the law laid down by the Honourable Apex Court in the case of Chairman and Managing Director, Food Corporation of India and others Versus Jagdish Balaram Bahira and others (2017) 8 SCC 670, will be applicable to the case of these petitioners.

 ( S.G. DIGE )                                 ( RAVINDRA V. GHUGE )
     JUDGE                                           JUDGE




mtk