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Bombay High Court

Reshwal Panchabai Ramlal Alias ... vs The State Of Maharashtra And Others on 8 February, 2019

Author: Sunil P. Deshmukh

Bench: Sunil P. Deshmukh

                                                                    1824.19WP.odt
                                              1


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                               WRIT PETITION NO. 1824 OF 2019

          Reshwal Pachabai Ramlal                              ...Petitioner

                      Versus

          The State of Maharashtra
          and others                                           ...Respondents
                                           WITH
                               WRIT PETITION NO. 1834 OF 2019

          Ranjita Datta Bramhne                                ...Petitioner

                      Versus

          The State of Maharashtra
          and others                                           ...Respondents
                                     ...
          Mr. Shashikant R. Pande, Advocate for petitioner in both
          writ petitions
          Mr. S. B. Pulkundwar, Assistant Government Pleader for
          respondents
                                             ...
                                      CORAM: SUNIL P. DESHMUKH, J.
                                         Date: 8th February, 2019

          ORDER :

1. Issue notice to respondents, returnable on 4th March, 2019.

2. Learned Assistant Government Pleader waives notice for respondents no. 1 to 3 in both petitions.

3. Learned counsel for petitioners submits that having regard to the provisions of Ordinance no. XXI of 2018 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 09/02/2019 04:17:11 ::: 1824.19WP.odt 2 dated 11th October, 2018, submission of caste validity certificate on 18th October, 2018 is within the prescribed extended period. Under the circumstances, no disqualification is incurred, however, respondent no. 2 - Collector, Aurangabad has decided cases of petitioners and passed the impugned orders without application of mind mechanically. Orders passed in the case of petitioners are grossly without application of mind to the factual position and legal position emerging under the Ordinance.

4. In view of the same, till next date, no further action as consequence of impugned order dated 19th January, 2019 passed by respondent no. 2 - Collector, Aurangabad, be taken to the extent of petitioner in both writ petitions.

5. In addition to court process, petitioners shall serve the respondents privately by any legally acceptable mode and file an affidavit with tangible proof of service. In case of failure to serve the respondents and to file service affidavit as directed, ad-interim relief as has been granted would cease to operate.

[SUNIL P. DESHMUKH, J.] vdk ::: Uploaded on - 08/02/2019 ::: Downloaded on - 09/02/2019 04:17:11 :::