Bombay High Court
Kashimbahi Babalal Khatik vs The State Of Maharashtra Thr. Secretory ... on 29 November, 2021
Bench: S.J. Kathawalla, Milind N. Jadhav
Digitally
signed by
NITIN
NITIN DINKAR
DINKAR JAGTAP
JAGTAP Date:
2021.11.30
PA-Nitin Jagtap 1 / 2 30-WP-4702-2021.doc
10:53:18
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4702 OF 2021
Kashimbhai Babalal Khatik ... Petitioner
Versus
The State of Maharashtra & Anr. ... Respondents
Mr.Kishor Patil i/b. Mr. Dilip Shinde for the Petitioner.
Ms.M.P.Thakur, AGP for the State.
CORAM : S.J. KATHAWALLA &
MILIND N. JADHAV, JJ.
DATE : 29TH NOVEMBER, 2021
P.C. :
1. By the above Writ Petition, the Petitioner seeks the following reliefs :
"(a) Be pleased to call the record and proceeding from Respondent No. 2 Committee and after going through the said record pleased to direct Respondent No. 2, the District Caste Certificate Scrutiny Committee, Sangli to decide caste claim of the Petitioner within two weeks from the date of the Order passed by this Court in the present matter setting aside the Order dated 31st May, 2019 passed by Respondent No.2.
(b) Be pleased to quash and set aside the Order dated 25 th June, 2021 passed by Respondent No. 4, District Collector, Sangli disqualifying the Petitioner from the post of Grampanchayat member."
2. The learned AGP representing the State on instructions states that despite repeated opportunities being given to the Petitioner to produce the necessary documents before the District Caste Certificate Validity Committee, Sangli, he has failed and neglected to produce the same. She further states on instructions that PA-Nitin Jagtap 2 / 2 30-WP-4702-2021.doc admittedly by an Order dated 31 st May, 2019 the Petitioner was informed that since he has failed to produce the relevant documents, his Application has been rejected. However, an opportunity is granted to him to file a fresh Application along with the necessary proofs.
3. The learned Advocate appearing for the Petitioner on instructions states that all the documents in support of the Petitioner's claim are annexed and marked at Page Nos. 17 to 27 of the Writ Petition and the same are with the District Caste Certificate Validity Committee, Sangli. In view thereof, we pass the following Order :
i. The District Caste Certificate Validity Committee, Sangli shall give a hearing to the Petitioner on 2nd December, 2021 at 12.00 noon to the Petitioner, when the Petitioner shall remain present along with originals of the documents annexed and marked at Page Nos. 17 to 27 of the Writ Petition.
ii. The District Caste Certificate Validity Committee, Sangli shall after hearing the Petitioner carry out necessary inquiry as per the Rules and submit its order to this Court on 20th December, 2021. It is clarified that no further time shall be granted.
iii. All contentions of the parties are kept open.
iv. Stand over to 20th December, 2021, FOB. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )