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Bombay High Court

Padmin Devidas Shewale vs The State Of Maharashtra And Others on 21 October, 2020

Author: Shrikant D. Kulkarni

Bench: S. V. Gangapurwala, Shrikant D. Kulkarni

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        36 WRIT PETITION NO. 7165 OF 2020

 Lahu Eknath Gadamwad                                           .. Petitioner

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. Sunil M. Vibhute, Advocate for the Petitioner.
 Mr. S. R. Yadav-Lonikar, AGP for Respondents-State.

                                       AND
                        37 WRIT PETITION NO. 7166 OF 2020

 Padmin Devidas Shewale                                         .. Petitioner

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. Sunil M. Vibhute, Advocate for the Petitioner.
 Mrs. V. S. Chaudhary, AGP for Respondents-State.

                                       AND
                        40 WRIT PETITION NO. 7183 OF 2020

 Sayyad Jakeroddin Chhotemiya                                   .. Petitioner

          Versus

 The State of Maharashtra and others                            .. Respondents

 Mr. Sunil M. Vibhute, Advocate for the Petitioner.
 Mr. S. R. Yadav-Lonikar, AGP for Respondents-State.

                               CORAM :   S. V. GANGAPURWALA &
                                         SHRIKANT D. KULKARNI, JJ.
                               DATED :    21st OCTOBER, 2020.

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 PER COURT:-

 .        The learned A.G.P. accepts notice for respondents-State.

2. It is submitted that validation proceeding in respect of the tribe claim of the petitioners is pending with the scrutiny committee, the same is not decided. Without issuing notice to the petitioners, the respondents have placed the petitioners on the supernumerary post.

3. As the impugned order is passed without notice to the petitioners, we quash and set aside the impugned order.

4. In case, the respondents want to take action against the petitioners placing the petitioners on supernumerary post or otherwise, then notice shall be issued to the petitioners, calling upon him to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondent-committee.

5. The committee shall decide the validation proceeding expeditiously and preferably within a period of six months.

6. The petitioners shall appear before the committee on 23 rd November, 2020, if the circumstances so permit.

7. Writ petitions are disposed of. No costs.




 ( SHRIKANT D. KULKARNI )                        ( S. V. GANGAPURWALA )
         JUDGE                                             JUDGE

 P.S.B.

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