Akansha D/O Gopal Khakhroa vs State Of Maha. Thr. The Secretary, ...
2023 Latest Caselaw 11393 Bom

2023:BHC-NAG:16153-DB


                                                       1                                         32.WP.6175-2022.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH AT NAGPUR

                                      WRIT PETITION NO. 6175 OF 2022
                              ( Akansha D/o Gopal Khakhroa
                                             Vs.
            State of Maharashtra, Thr. The Secretary Department of Social Justice
                    and Special Assistance, Mantralaya, Mumbai & Anr. )

         Office Notes, Office Memoranda                      Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders


                                 Mr. J.B. Gandhi, Advocate for the Petitioner.
                                 Mr. M.K. Pathan, AGP for the Respondents/State.




                                 CORAM:        AVINASH G. GHAROTE AND
                                               URMILA JOSHI-PHALKE, JJ.

DATED : 6th NOVEMBER, 2023

Heard Mr. Gandhi, learned counsel for the petitioner and Mr. Pathan, learned AGP for the respondents/State.

2. It is contended by Mr. Gandhi, learned counsel for the petitioner, that the real sister Astha Gopal Khakra of the petitioner whose caste claim was invalidated by the Caste Scrutiny Committee, which was upheld by this Court has since been granted a caste validity by the Hon'ble Apex Court by the judgment dated 11.10.2023 in Civil Appeal No. 7524/2019. In that view of the matter, the impugned order is hereby quashed and set aside and the matter is remitted back to the Caste Scrutiny Committee, Akola/respondent No.2, to verify the relationship between the 2 32.WP.6175-2022.odt

petitioner and Astha Gopal Khakra as that of real siblings and in case it is found to be correct, to grant validity certificate to the petitioner. The same shall be done within a period of four weeks from 09.12.2023.

3. The petitioner shall appear before the respondent No.2 on 09.12.2023 and shall produce a copy of the judgment before the Committee, who shall act upon the same and decide the claim within a period of four weeks therefrom.

4. The Petition is accordingly allowed in the above terms. No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 06/11/2023 17:46:18