This court held that the writ petition challenging the committee's invalidation of the petitioner's caste claim is not maintainable as the prior writ petition challenging the same order was withdrawn, rendering the committee order final.
No costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
53 WRIT PETITION NO.216 OF 2020
MUZAMMIL NOMAN MOHAMMED ABDUL GAFFAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mrs. Pathan, h/f Mr. Pathan Tahiwarkhan
Wajeedkhan
AGP for Respondents : Mr. P. G. Borade.
CORAM: S. V. GANGAPURWALA AND
MANGESH S. PATIL, JJ.
DATE:07/01/2020
PER COURT :
The present petition for the relief claimed would not be
maintainable.
2.The learned counsel for the petitioner submits that
subsequently the brother of the petitioner is issued with the validity
certificate of “Chapparband Caste”. The petitioner has given
representation to the committee. The same is not being decided.
3.The committee has invalidated the caste claim of the
petitioner. The petitioner has challenged the said order before this
Court by filing Writ Petition No. 7804/2016. This Court under order
dated 22.06.2017 observed as under :
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53.odt
“1.When this Court expressed its disinclination
to interfere in Writ jurisdiction, the petitioner’s
advocate, on instructions, seeks leave to withdraw
the Writ Petition.
2. Petition dismissed as withdrawn.”
4.As the order of the Committee is not interfered with by this
Court, the same has become final. The Committee now does not get
any jurisdiction to reconsider the claim of the petitioner.
5. In the light of that the Writ Petition is disposed of. No costs.
( MANGESH S. PATIL, J. )( S. V. GANGAPURWALA, J. )
mkd
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1 issue framed by the court
Whether the writ petition challenging the committee's inaction regarding the petitioner's caste certificate is maintainable.
Colour shows how this judgement treated each authority
Writ Petition No. 7804/2016Referred¶13
1 provisions across 1 enactments
MUZAMMIL NOMAN MOHAMMED ABDUL GAFFAR
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court