Allowed

Asma Shaheen Abdul Hameed. v. State of Maharashtra and Ors.

Bombay HC21 Mar 2012WP/5656/1999

Case brief

AI extract

What is this about?

The High Court allowed a writ petition admitting the petitioner as a Nomadic Tribe (VJNT) member. Sets aside an order denying her caste status to prevent an anomalous situation where her brothers hold the status but she does not. Directed the committee to issue the certificate.

What did the court decide?

Impugned order setting aside the petitioner's claim is set aside; petitioner directed to be issued a validity certificate.

Asma Shaheen Abdul Hameed. Vs State of Maharashtra and Ors. — Caste Atrocities | Bombay HC (2012)

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wp-5656.99

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5656 OF 1999

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WITH

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CIVIL APPLICATION NO.2407 OF 2012.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders.

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Court's or Judge's orders

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Coram: B.R.Gavai & Sunil P. Deshmukh, JJ

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Date : 21st March 2012

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Shri Rajendra Deshmukh, Advocate, for the petitioner. Shri K.M. Suryawanshi AGP for Respondents No.1,2 and 4. Shri A.N. Nimbalkar, Advocate, holding for Shri V. D.

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Salunke, Advocate for Respondent No.3.

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The petition is taken up for hearing by consent.

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The petitioner, by way of this petition, has approached this court, being aggrieved by the order passed by Respondent No.2Committee, on 8.10.1999, thereby invalidating her claim of belonging to "caste Beldar" which is a Nomadic Tribe. The petitioner also prayed for other reliefs, but has not pressed the same, as her grievance regarding those reliefs does not survive.

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Indisputably, during pendency of writ petition, two brothers of the petitioner, namely, Shaikh Saif-ul-Islam Abdul Hameed and Aamar Jamal Abdul Hamid have been granted validity certificates on 6.11.2004 and 1.3.2005 respectively.

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We had requested the learned A.G.P. to take instructions as to whether the validities granted in favour of the brothers of the petitioner, was after following prescribed procedure under the law. Learned A.G.P. submits that in spite of efforts, the record is not available.

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However, from the record produced before this court, it appears that the validity has been granted in favour of aforesaid two persons. Even otherwise, the impugned order reveals that the claim of the petitioner was denied only on the ground that Muslim Beldar were not included in Nomadic Tribe. However, by Government Resolution dated 14.2.2001, Muslim Beldar have been included into VJNT category. An anomalous situation cannot be permitted to exist, wherein two brothers of the petitioner would enjoy the status of VJNT, and the petitioner would be denied the same.

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We, therefore, allow the petition and set aside the impugned order passed by the Scrutiny committee and direct the Committee to issue validity certificate in favour of the petitioner within four weeks from today.

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Rule made absolute in aforesaid terms. Petition stands disposed of.

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In view of disposal of the petition, nothing survives in the civil application and same stands disposed of as such.

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(Sunil P. Deshmukh, J.)

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(B.R. Gavai, J.)

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pnd/wp-5656.09

Asma Shaheen Abdul Hameed. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Asma Shaheen Abdul Hameed. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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