This bench held that a second writ petition challenging a caste certificate was not maintainable given a pending Supreme Court stay on a prior High Court order, disposing of the petition accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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04)WP9244,13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO. 9244 OF 2013
Santosh Chandra Gupta & Anr.
.. Petitioners
Versus
Divisional Caste Certificate Scrutiny Committee, Pune No. 1 & Ors. .. Respondents
Mr. Altaf Khan, Advocate for the petitioners Mr. P. G. Sawant, AGP for R. Nos. 1 to 3 & 7. Mr. S. B. Shetye, Advocate for R. No. 5. Mr. Sachin B. Thorat, Advocate for R. No. 6.
CORAM:-NARESH H. PATIL & V. L. ACHLIYA, JJ. DATED : -17/03/2015
P.C.
Learned counsel appearing for respondent No. 6
submits that the caste certificate issued in her favour was set aside by a judgment and order delivered by High Court in Writ Petition No. 2310 of 2012 (in group of writ petitions) dated 4/5/2012. Against the said judgment and order, the respondent No. 6 preferred a SLP filed in the year 2012, on which notices were issued by the
Apex court by granting stay to the judgment and order passed by the
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2
04)WP9244,13
High Court. The counsel on instructions submits that in SLP leave has been granted by the Supreme Court.
2 In view of the statement made, we are of the view that
second writ Petition at the behest of the petitioner challenging the
caste certificate is not maintainable.
3 Petition is disposed of.
(V. L. ACHLIYA, J.)
(NARESH H. PATIL, J.)
md.saleem
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2 issues framed by the court
Whether a writ petition challenging a caste certificate is maintainable in light of a pending Supreme Court stay.
Whether a subsequent writ petition remains maintainable when a related Supreme Court stay is operative.
Santosh Chandra Gupta
Divisional Caste Certificate Scrutiny Committee, Pune No. 1
NARESH H. PATIL
V. L. ACHLIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
