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Bombay High Court

Sachin S/O Ramdas Gaikwad vs The State Of Maharashtra Dept Of Tribal ... on 11 January, 2023

Bench: S.V.Gangapurwala, Sandeep V. Marne

                                                                       7.168.23-wp.docx


         Digitally
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
         BASAVRAJ
                                        CIVIL APPELLATE JURISDICTION
BASAVRAJ GURAPPA                         WRIT PETITION NO. 168 OF 2023
GURAPPA PATIL
PATIL    Date:
         2023.01.11
         18:53:06     Sachin Ramdas Gaikwad                           ..... Petitioner
         +0530
                           Vs.
                      The State of Maharashtra & Ors.                 ..... Respondents


                      Mr. Sushant C. Yeramwar for the Petitioner
                      Mr. P. P. Kakade, GP a/w. Mr. B. V. Samant, AGP for the State

                                              CORAM:      S.V.GANGAPURWALA, ACJ &
                                                          SANDEEP V. MARNE, J.
                                              DATED :     JANUARY 11, 2023

                      P.C.

                      1      Heard the learned Counsel for the Petitioner.

                             Rule.

                             Rule is made returnable forthwith.

By consent of the parties, taken up for final disposal. 2 The learned Counsel submits that after the judgment was delivered by the Committee, the Petitioner could lay his hands on old documents of the paternal cousins of the Petitioner. The documents are of the year 1872 onwards. According to the learned Counsel, the said documents are in modi script. The translations are filed on record. The said documents in modi script are certified copies of the revenue record.

3 We have heard the learned AGP.

Basavraj 1/2

7.168.23-wp.docx 4 Considering that the Petitioner is desirous of producing the additional evidence and the fact that the matter involves social status of the Petitioner, we are inclined to grant one more opportunity to the Petitioner.

5 The impugned judgment is set aside.

6 The parties are relegated before the Committee. 7 The Petitioner shall appear before the Committee on 7 th February 2023. On the said date, the Petitioner shall file the certified copies and / or the original documents on which the Petitioner relies, along with its true translations. 8 The Committee shall verify the said documents, the relationship of the Petitioner with the persons in whose favour the documents in modi script and other documents are produced. The Committee may conduct the vigilance and thereafter decide the matter on its own merits, expeditiously.

9 Rule is accordingly made absolute in the above terms. 10 The Writ Petition is disposed of No costs. ( SANDEEP V. MARNE , J) (ACTING CHIEF JUSTICE) Basavraj 2/2