Bombay High Court
Ku. Rekha Vishwanath Barbuddhe And ... vs State Of Maharashtra, Through ... on 21 October, 2021
Author: Anil S. Kilor
Bench: S.B. Shukre, Anil S. Kilor
1 W.P.No.6170.2019+24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 6170 OF 2019
Chandrashekhar S/o Bandu Nannaware, Vs. The Scheduled Tribe Caste
Certificate Scrutiny Committee and Ors.,
WITH
WRIT PETITION NO. 6216 OF 2019
Mayur Gajanan Dadmal, Vs. The Scheduled Tribe Caste Certificate Scrutiny
Committee and Ors.,
AND
WRIT PETITION NO. 6426 OF 2019
Ku. Alisha D/o Mahendra Pinjarkar & Anr., Vs. Research Officer and Member,
Schedule Tribe Caste Scrutiny Committee, Amravati and Anr.,
WITH
WRIT PETITION NO. 5384 OF 2019
Ram S/o Balkrushna Pinjarkar & Ors., Vs. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati and Ors.,
AND
WRIT PETITION NO. 6451 OF 2019
Hemantraj Vasantrao Battalwar, Vs. Food Corporation of India, New Delhi and
Ors.,
AND
WRIT PETITION NO. 6542 OF 2019
Ku. Rekha Vishwanath Barbuddhe & Ors., Vs. State of Mah. & Anr.,
AND
WRIT PETITION NO. 6545 OF 2019
Smt. Kalyani Nakul Satone, Vs. All India Council for Technical Education, New
Delhi and Ors.,
AND
WRIT PETITION NO. 6546 OF 2019
Nitinkumar Ramesh Sathawane & Ors., Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6554 OF 2019
Sagar S/o Devidas Gawai & Ors., Vs. State of Mah. & Ors.,
AND
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2 W.P.No.6170.2019+24
WRIT PETITION NO. 6558 OF 2019
Roshan S/o Khushal Badole, Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6570 OF 2019
Vijay S/o Shrawanji Hedaoo, Vs. Joint Commissioner and Vice Chairman,
Scheduled Tribe Certificate Scrutiny Committee, Nagpur & Ors.,
AND
WRIT PETITION NO. 6591 OF 2019
Dayaram Namdeo Lange, Vs. State of Mah. & Ors.,
WITH
WRIT PETITION NO. 6592 OF 2019
Madhukar Vishwanath Yerane, Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6602 OF 2019
Vipin S/o Balakdas Deshbhratar, Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6604 OF 2019
Kailas S/o Rajaram Janjalkaar, Vs. The Education Officer (Secondary) Z.P.
Buldhana & Anr.,
AND
WRIT PETITION NO. 6617 OF 2019
Gopal Bhaiyyalal Tirale, Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6620 OF 2019
Ku. Kiran D/o Ramesh Jambhule, Vs. Joint Commissioner and Vice Chairman,
Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur.
AND
WRIT PETITION NO. 6633 OF 2019
Ravi Shyam Hiwarkhede, Vs. Late Sanjay Rathod Education Society & Ors.,
AND
WRIT PETITION NO. 6636 OF 2019
Amey Hydro Engineering Works, Vs. Deputy Conservator of Forest, Akot, Wild
Life Division, Akola and Anr.,
AND
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3 W.P.No.6170.2019+24
WRIT PETITION NO. 6640 OF 2019
Rahul Vyayam Prasarak Mandal & Anr., Vs. State of Mah. & Anr.,
AND
WRIT PETITION NO. 6647 OF 2019
Nitin S/o Baliram Kamale & Anr., Vs. The Director, Town Planning, Maharashtra
State, Pune,
AND
WRIT PETITION NO. 6649 OF 2019
Dashrath S/o Yashwant Mahajan & Anr., Vs. State of Mah. & Anr.,
AND
WRIT PETITION NO. 6656 OF 2019
Sajid Abdul Gaffar Varshani & Anr., Vs. District Caste Scrutiny Committee,
Yavatmal & Anr.,
AND
WRIT PETITION NO. 6659 OF 2019
Shikshan Prasarak Mandal, Amdapur & Ors., Vs. State of Mah. & Ors.,
AND
WRIT PETITION NO. 6682 OF 2019
Deepak Baburao Khupase, Vs. Hindustan Petroleum Corporation Ltd.,
Aurangabad & Ors.,
AND
WRIT PETITION NO. 6688 OF 2019
Amol S/o Uttam Wankar, Vs. The State of Mah. & Ors.,
AND
WRIT PETITION NO. 6691 OF 2019
N. Kumar Construction Company Pvt. Ltd., Nagpur, Vs. The State of Mah. &
Ors.,
AND
WRIT PETITION NO. 6693 OF 2019
Kishorsingh S/o Brijlalsingh Parihar, Vs. The State of Mah. & Ors.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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CORAM : SUNIL B. SHUKRE AND
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4 W.P.No.6170.2019+24
ANIL S. KILOR, JJ.
DATED : 21.10.2021
1. Today there is a big bunch of cases, 400 cases, which have been grouped together under the category of passing of suitable orders following non removal of office objections and accordingly, this bunch of petitions has been listed on board today for passing necessary orders.
2. Shri Bhanudas Kulkarni, learned Advocate and Shri Firdos Mirza, learned Advocate representing the Bar have made few submissions as well as suggestions.
3. It is submitted that there are some cases in which an impression is gathered that office has taken objections just for the sake of taking of them although, if looked at them minutely, one would be convinced that there are no objections at all and, therefore, it would be unjust on the part of this Court to pass a conditional order like removal of the office objections, failing which dismissal will occur, which would be causing great injustice to the parties. In order to support the submission, one case was pointed out to this Court wherein it was seen that the page in respect of which the office objection was taken, was clear and legible, but for the rubber stamp which appears at the top of the page and this rubber stamp though not legible, is not required to be considered when any reference is to be made to this page or any reliance is to be placed upon this page. It is further submitted that if ::: Uploaded on - 22/10/2021 ::: Downloaded on - 23/10/2021 04:26:00 ::: 5 W.P.No.6170.2019+24 an opportunity is given to the Bar to explain these facts to the office, perhaps, some of the objections which have been presently taken, would be withdrawn by the office.
4. On going through the page to which our attention was drawn, we find ourselves in agreement with the aforesaid submission. The office objection taken as regards this page appears to be unnecessary and, therefore, we would direct the Registrar (Judicial) to consider such exceptions taken to the office objections in their right spirit and decide to withdraw or waive the office objections in that regard.
5. It is suggested that if liberty is granted to the Bar to convince the office regarding insignificance or non existence of what is considered by the office to be an objectionable fact, many of the problems would be sorted out and no injustice would be caused to the parties. We cannot but agree more. At the same time, we would like to emphasise here that in many cases the objections taken are indeed valid and, therefore, it would be necessary for the parties to remove these office objections as ultimately, removing of the office objections only would lead to effective administration of justice in every case. Therefore, in those cases where the office objections are validly taken and they are considered to be so upon careful thinking by the parties or their learned Advocates, every effort for removal of such office objections must be made and we are sure that this will be done by the ::: Uploaded on - 22/10/2021 ::: Downloaded on - 23/10/2021 04:26:00 ::: 6 W.P.No.6170.2019+24 parties, members of the Bar and the Registry, acting in collaboration with each other.
6. Accordingly, we direct that all those cases wherein the parties and their learned Advocates are of the opinion that all the office objections or any of them are insignificant and ought not to have been taken, be placed before Registrar (Judicial) for his appropriate consideration and passing of the suitable order, including withdrawal of the office objections, if he is convinced about the same. This shall be done within next four weeks.
7. As regards the remaining cases wherein the parties and learned Advocates are convinced that the office objections are validly taken, all the office objections shall be removed within six weeks from the date of the order.
JUDGE JUDGE
Kirtak
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