Remanded

Faraz Mohd.Khan Niyaz Mohd.Khan v. State of Maharashtra and Others

Bombay HC19 Jun 2015WP/1467/1999

Case brief

AI extract

What is this about?

Petitioner relies on a caste validation judgment to assert relationship with Nikhit Tabassum. Court refuses to decide facts of relationship, setting aside impugned order and remanding case to Committee to determine if Nikhit Tabassum is petitioner's relative.

What did the court decide?

Impugned order set aside, case remanded to Committee to decide if Nikhit Tabassum is petitioner's relative.

Faraz Mohd.Khan Niyaz Mohd.Khan Vs State of… — Pension and Retirement Benefits | Bombay HC (2015)

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( 1 ) wp1467.99

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1467 OF 1999

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Faraz Mohd. Khan Niyaz Mohd. Khan

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..Petitioner

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Versus

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The State of Maharashtra and others..Respondents

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Mr.U.R.Awate, Advocate h/f Mr.S.B.Talekar, Advocate for
the petitioner.

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Mr.D.S.Pawar, Advocate h/f Mr.K.C. Sant, Advocate for the
R-6.

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Mr.D.V.Tele, AGP for respondent/ State.
Mr.P.S.Patil, Advocate for R-2

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CORAM : A.V. NIRGUDE &
A.M. BADAR,JJ.
DATED :19.06.2015

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P.C. :-

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1.Heard.

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2.Perused the petition. Rather, belatedly in 2005,
this petition is amended for the first time. The
petitioner placed reliance on caste validation judgment
of this Court in case of Nikhit Tabassum daughter of Khan
Mohammed Umar. The petitioner says that Nikhit Tabassum
is his cousin from Paternal side. The Court cannot go
into the question of fact as to whether Nikhit Tabassum
is cousin of the petitioner. This aspect of the case can
be examined at committee's level. They have assistance

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from Vigilance Cell. We therefore set aside the impugned
order and remand the case back to the Committee. After
remand the Committee shall only decide as to whether
Nikhit Tabassum daughter of Khan Mohammed Umar is
relative of petitioner.

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2.The writ petition disposed of in above terms.

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VishalK/wp1467.99

Faraz Mohd.Khan Niyaz Mohd.Khan v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Faraz Mohd.Khan Niyaz Mohd.Khan v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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