Bombay High Court
Arjun Tukaram Ingle vs Vice-Chairman/Joint Commissioner, ... on 27 September, 2018
Author: B. R. Gavai
Bench: B. R. Gavai, Rohit B. Deo
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.3489 of 2018
Arjun Tukaram Ingle,
aged 47 years,
occupation - service,
resident of Dongershevali,
Tq. Chikhali,
Distt. Buldana. ..... Petitioner
Versus
1. Vice-Chairman/Joint Commissioner,
Scheduled Tribe Caste
Certificate Scrutiny Committee,
Irwin Chowk, Amravati Division,
Amravati.
2. Director of Municipal
Administration,
Dma Office, Sarpochkhanwala
Marg, Worli, Mumbai.
3. Collector, Buldana.
4. Municipal Council, I
Chikhli,
through its Chief Officer,
Tq. Chikhli,
Distt. Buldana. .... Respondents
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Mr. A. P. Kalmegh, Adv., for the petitioner.
Ms. Barabde, Asstt. Govt. Pleader for respondent nos. 1, 2 and 3.
Mr. S. A. Chaudhari, Adv., for respondent no.4.
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CORAM : B. R. GAVAI AND
ROHIT B. DEO, JJ.
Date : 27th September, 2018
ORAL JUDGMENT [Per B. R. Gavai, J.]:
01. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.
02. The petitioner has approached this Court being aggrieved by the order passed by the respondent no.1 - Caste Scrutiny Committee, thereby invalidating the claim of petitioner of belonging to "Thakur" - Scheduled Tribe. The claim of the petitioner deserves to be allowed on the short ground. The real brother of the petitioner, namely Gajanan, has already been granted Validity by the Scrutiny Committee. Apart from that, various other family members of the petitioner have also been granted Validity. In that view of the matter and in view of the law laid down by this Court in the case of Apoorva Vinay Nichale Vs. ::: Uploaded on - 01/10/2018 ::: Downloaded on - 02/10/2018 00:31:00 ::: wp3489.18 3 Divisional Caste Certificate Scrutiny Committee No.1 & others [[2010 (6) Mh. L.J. 401], the Writ Petition deserves to be allowed.
03. Rule is, therefore, made absolute by quashing and setting aside the impugned order. It is held that the petitioner belongs to "Thakur" - Scheduled Tribe. Accordingly, the Validity Certificate be issued in favour of the petitioner within a period of two weeks from today.
Judge Judge
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