Rajesh S/O Keshavrao Ingale vs Scheduled Tribe Caste ...
2022 Latest Caselaw 8342 Bom

                                                                1                               912-WP-2540-2022.odt


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               NAGPUR BENCH, NAGPUR
                                                   WRIT PETITION NO. 2540 OF 2022
               (Rajesh s/o Keshavrao Ingale Vs. Scheduled Tribe Caste Certificate Scrutiny Committee, thr. its Member
                                                    Secretary, Camp Amravati)
                    Office Notes, Office Memoranda of Coram,
                    appearances, Court's orders of directions                         Court's or Judge's order
                    and Registrar's orders.
                                  Shri M.V. Bute, Advocate for the petitioner.
                                  Ms. K.R. Deshpande, A.G.P. for the respondent/ State.

                                  CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : AUGUST 24, 2022.

The petitioner claims to belong to 'Koli Mahadev' Scheduled Tribe. The challenge in this Writ Petition is to the order dated 26/8/2002 passed by the Scrutiny Committee invalidating his tribe claim. It is submitted by the learned Counsel for the petitioner that the petitioner was not aware of his claim having been decided by the order dated 26/8/2002. Attention is invited to the judgment dated 3/7/2014 in Writ Petition No. 3012/1998 (Rajesh alias Rajendra s/o Keshaorao Ingle Vs. State of Maharashtra & Ors.) by which the Scrutiny Committee was directed to decide the tribe claim of the petitioner.

It appears that when the proceedings were taken-up by the Scrutiny Committee, in compliance with the directions issued, on 10/11/2021, it was noticed that the claim of the petitioner was already decided on 26/8/2002 which order is impugned in this Writ Petition. According to the learned Counsel for the petitioner, he was not heard when the said order was passed.

Issue notice to the respondent, returnable in four weeks. The learned Assistant Government Pleader waives notice for the respondent.

The record of the Scrutiny Committee be produced for perusal.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:24.08.2022 18:41