Ms. Mashnoon D/O Nazir Sheikh vs The State Of Maharashtra Thr. ...
2023 Latest Caselaw 11447 Bom

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

                                                         WRIT PETITION NO.681/2020

                      Ms. Mashnoon D/o Nazir Sheikh
                                 ...Versus...
 The State of Maharashtra Through its Secretary, Department of Social Welfare,
                    Mantralaya, Mumbai - 32 and others

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                         Mr. Jafar Ali A. Malnas, Advocate for petitioner
                                                                         Mr. M.K. Pathan, AGP for respondents/State


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

DATE : 07/11/2023

1. The family tree filed in the year 2011 by the father of the petitioner himself for the purpose of his caste-claim, as per his affidavit dated 17/10/2011, indicates that the original person in the family was Makbulshah, who had three sons Nasirullah, Sharifullah and Shafiullah. Sharifullah is claimed to have one son Nazir Sheikh, who had two issues, the petitioner and Abdul Roshan Nazir Sheikh. After the remand by this Court by the judgment dated 04/04/2018 in Writ Petition No.6776/2017 a new family tree has been placed, which indicates that there were two sons to Makbulshah, namely, Nasirullah Shah and Sharifullah Shah (Shafiullah Shah is

11. WP 681 of 2020.odt

deleted). Sharifullah Shah is now claimed to have, instead of one, four sons, Khalil, Habib, Bashir and Nazir. Nazir has the petitioner as his daughter and Roshan as his son, whereas Khalil is claimed to have Abdul Shamim as his son, who has been granted validity. The name of Khalil, Habib and Bashir are missing from the earlier family tree.

2. At the request of the learned counsel for the petitioner, stand over to 08/11/2023.

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

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 07/11/2023 15:02:40