Mohan S/O Kisan Pawar vs The Vice-Chairman/Member-Secy., S.T. ...
2024 Latest Caselaw 1177 Bom

Bombay High Court

Mohan S/O Kisan Pawar vs The Vice-Chairman/Member-Secy., S.T. ... on 17 January, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                                  1                             940.wp5546.2022..odt


   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR
                   WRIT PETITION NO. 5546 OF 2022
( Mohan s/o. Kisan Pawar...Vs... The Vice Chairman/Member Secretary, Scheduled Tribe Caste
                   Certificate Scrutiny Committee, Amravati and others )

   Office Notes, Office Memorandum of Coram,
   appearances, Court's orders of directions                 Court's or Judge's order
   and Registrar's orders.

               Ms. Preeti Rane, counsel for petitioner.
               Mr. A.S. Fulzele, Addl. GP for respondent Nos. 1 & 4/State.
               Mr. P.A. Teni, counsel for respondent Nos. 2 and 3.



               CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATE : JANUARY 17, 2024

The petitioner's daughter Ms. Darshana was granted validity as that of belonging to Thakur Scheduled Tribe by virtue of an order passed in Writ Petition No. 6670/2022 on December 8, 2022.

2. Based on above, learned counsel for the petitioner drawing support from the judgment in the case of Apoorva d/o. Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and Others [2010(6) Mh. L.J.401] and submits that in the present case, the petitioner has to be granted validity.

3. The learned Addl. GP Mr. A.S. Fulzele would make twofold argument - (a) that the aforesaid judgment was not brought to the notice of the Scrutiny Committee when the impugned order was passed, and (b) that Scrutiny Committee

Belkhede 2 940.wp5546.2022..odt

has challenged the aforesaid order before the Hon'ble Apex Court.

4. In the aforesaid backdrop, we deem it appropriate to defer the hearing of the petition to 31.1.2023, to enable the learned Addl. GP to take instructions about the status of the judgment delivered by this Court granting validity in favour of daughter of the petitioner.

5. List on 31.1.2024.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. )

Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 19/01/2024 10:23:58