Bombay High Court
Maheshwari Durgaprasad Surajjoshi vs The S.T. Caste Certificate Scrutiny ... on 1 March, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
901-WP-988-2024.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.988 of 2024
Maheshwari Durgaprasad Surajjoshi
vs.
The Scheduled Tribe Caste Certificate Scrutiny Committee, Gondia, through its Member
Secretary and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri R.L.Khapre, Senior Advocate a/b Shri V.A.Lohia, Advocate for petitioner.
Shri D.P.Thakre, Additional Government Pleader for respondent nos.1, 2 and 4.
Shri S.I.Gatte, Advocate for respondent no. 3.
CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE :- 1st MARCH, 2024.
We have heard Mr. Khapre, learned Senior Advocate for the
petitioner at length yesterday. Since we were not inclined to show
indulgence, as prayed we adjourned the matter today so as to enable
learned Senior Advocate for the petitioner to seek instructions as to
whether the petitioner intends to withdraw the petition.
2. Today, when the matter is called out, Mr. Khapre, learned Senior
Advocate, informs that in the judgment delivered by the Apex Court,
Adiwasi Gond Gawari (Gowari) Seva Mandal has filed Review Petition
(Civil ) Dairy No. 19775 of 2021 which is likely to come up for hearing
in the next week i.e. in the week commencing from 04.03.2024. As
such he would urge that in order to avoid further complications, the
petition be posted on 12.03.2024 so as to enable him to form an
opinion whether he can pursue the present petition or suffers an order
based on the out come of the review petition which is likely to be listed
in the next week.
3. The fact remains that the aforesaid review petition is pending
before the Apex Court since 2021 and the counsel for petitioner
therein has not removed office objection.
4. Apart from above what can be noticed is that conditional
validity granted in favour of the petitioner which has misused by him
for the purpose of contesting the election. The respondent-Scrutiny
Committee having noticed so, rightly cancelled the validity granted to
the petitioner.
5. In the aforesaid background, the Court is not at all inclined to
adjourn the petition as has been prayed by the learned Senior
Advocate for the petitioner.
6. Be that as it may, with an understanding and assurance given by
Mr. Khapre, learned Senior Advocate, that he shall not ask for any
further adjournment on 12.03.2024, we deem it appropriate to post
the petition on 12.03.2024.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
Andurkar.
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 01/03/2024 18:12:04
