Chandrashekhar Baburao Jakkewad vs Scheduled Tribe Certificate ...
2023 Latest Caselaw 9677 Bom

2023:BHC-AUG:20008-DB
                                                                                 918.WP.11559.23.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                       WRIT PETITION NO.11559 OF 2023

                      Chandrashekhar Baburao Jakkewad             ...       PETITIONER

                            VERSUS
             1.       Scheduled Tribe Certificate,
                      Scrutiny Committee, Kinwat
                      (Headquarter at Aurangabad)
                      through its Member Secretary

             2.   Sub Divisional Officer,
                  Kinwat, Tq. Kinwat,
                  Dist. Nanded                                ...     RESPONDENTS
                                       ...

Advocate for Petitioner : Mr. Gite Umesh Babanrao AGP for Respondents: Mr. A.S. Shinde ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, J.J.

DATE : 14.09.2023 PER COURT :

Heard both the sides.

2. The petitioner is challenging the order dated 01.06.2022

passed by the respondent No.1 - Scrutiny Committee confirming the

order passed by the respondent No.2 - Sub Divisional Officer on

15.02.2014.

3. The petitioner belongs to 'Mannervarlu' scheduled tribe. He

had submitted an application for issuance of tribe certificate to the

respondent No.2. It was rejected by order dated 15.02.2014. Against

that an appeal was preferred by the petitioner before the respondent -

918.WP.11559.23.odt

Scrutiny Committee. The appeal was dismissed holding that the

petitioner was not interested in prosecuting the appeal. There is no

decision on merit.

4. The grievance of the petitioner is that he did not receive any

notice of hearing. He seeks to rely upon the tribe certificate issued to his

cousin brother in pursuance of common order dated 18.07.2023 passed

by the High Court which is produced at Annexure-E. He has placed on

record other documentary evidence also.

5. We find that an opportunity needs to be given to the

petitioner. The Scrutiny Committee has not decided the appeal on merits.

It is in the fitness of the things to relegate the party to the respondent

No.1 - Scrutiny Committee.

6. We, therefore, partly allow this petition by following order :

i. The judgment and order dated 01.06.2022 passed by the

respondent No.1 - Scrutiny Committee is quashed and set aside.

ii. The respondent No.1 - Scrutiny Committee shall decide appeal

afresh after extending opportunity of hearing to the petitioner.

iii. Petitioner is directed to appear before the Committee on

26.09.2023 and the committee shall decide the appeal thereafter

within three weeks.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)

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