Quashed

Mohammed Hussain Khan v. Shri. Bharat Dattatraya Chaudhari and Anr.

Bombay HC8 Jul 2014WP/2869/2013

Case brief

AI extract

What is this about?

High Court quashed the caste validity certificate issued without a reasoned order, remanding the matter to the Caste Scrutiny Committee to pass a fresh adjudication within four months.

What did the court decide?

Caste validity certificate and impugned order quashed and set aside; matter remanded to Caste Scrutiny Committee for fresh adjudication within four months.

Mohammed Hussain Khan Vs Shri. Bharat… — Constitutional and Fundamental Rights | Bombay HC (2014)

wp2869

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
 WRIT PETITION NO.2869 OF 2013

¶5

Mohammed Hussain Khan
vs.

¶6

...Petitioner

¶7

Bharat Dattatray Chaudhari & Ors. ...Respondents

¶8

Mr.Sugandh Deshmukh for the Petitioner
Mr.V.S.Gokhale, AGP for the respondent No.2
Mr.S.S.Ambedkar for respondent No.1

¶9

CORAM : A.S.OKA, &
 A.S.CHANDURKAR, JJ.
 DATE : JULY 8,2014

¶10

P.C.:

¶11

1Heard the learned counsel for the petitioner,
learned counsel for the respondent No.1 and the
learned AGP for respondent No.2. We have perused
the record of the case. Perusal of the record shows
that the impugned caste validity certificate has
been issued without passing a reasoned order. Thus,
the action of issuing the impugned caste validity
certificate is illegal.

¶12

2Therefore, the caste validity certificate and
the impugned order granting caste validity
certificate deserve to be quashed and set aside.

¶13

3 Hence, we pass the following order:

¶14

(i)The impugned caste validity certificate
as well as the impugned order granting the
caste validity certificate are hereby

¶15

wp2869

¶16

¶17

quashed and set aside;

¶18

(ii)The matter of adjudication of the caste
claim of the respondent No.1 is remanded to
therespondentNo.2-CasteScrutiny
Committee;

¶19

(iii)We direct the parties to appear before
the respondent No.2-Committee on Monday 21st
July 2014 at 11.00 a.m. for fixing the
schedule of hearing;

¶20

(iv)It will be open for the parties to file
additional documents, if any;

¶21

(v)The Caste Scrutiny Committee shall make
a fresh adjudication on the caste claim of
the respondent No.1 and shall pass an
appropriate order within a period of four
months from the date of appearance;

¶22

(vi)We make it clear that we have made no
adjudication on the caste claim of the

¶23

respondent No.1 and all contentions on
merits are kept open;

¶24

(vii)Petition is disposed of on above
terms;

¶25

(viii)All concerned to act upon an
authenticated copy of this order.

¶26

(A.S.CHANDURKAR,J.)

¶27

(A.S.OKA,J.)

Mohammed Hussain Khan v. Shri. Bharat Dattatraya Chaudhari and Anr.

Case brief

What is this about?

What did the court decide?

Mohammed Hussain Khan v. Shri. Bharat Dattatraya Chaudhari and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shankar Ramchandra Earthmovers Pvt. Ltd, through Shri. Sangram Maheshrao Thorat Vs the State of Maharashtra, through Additional Chief Secretary (Revenue) and Ors.

Mahabaleshwar Giristhan Municipal Council and Ors. Vs the State of Maharashtra and Ors.

Rohit Ashokrao Jadhav and Anr. Vs State of Maharashtra, through Secretary, Revenue and Forest Dept and Ors.

Pandurang Babu Mulik Vs State of Maharashtra and Ors.

Pandurang Babu Mulik Vs State of Maharashtra and Ors.

Zaverchand Harjivan Sheth Vs the State of Maharashtra and Ors.