Partly allowed

Abhishek Binay Gupta v. the State of Maha. Thr. Sec. Tribal Devel. Dept. and Anr.

Bombay HC1 Feb 2023WP/1304/2023

Case brief

AI extract

What is this about?

This writ petition challenges an order invalidating a caste claim due to the petitioner's non-appearance. The High Court quashes the order, grants one more opportunity to appear and argue, but orders the petitioner to deposit costs of Rs 25,000.

What did the court decide?

The impugned order was quashed; the petitioner directed to deposit Rs.25,000 and appear before the Committee.

Abhishek Binay Gupta Vs the State of… — Constitutional and Fundamental Rights | Bombay HC (2023)

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902-WP-1304-2023

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1304 OF 2023

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Abhishek Binay Gupta .. Petitioner

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Vs.

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The State of Maharashtra & Anr. .. Respondents

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Mr. Abhijeet J. Kandarkar i/by Mr. Akshay Kandarkar for petitioner.

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Mr. B. V. Samant, AGP a/w Mr. P. P. Pujari, AGP for State.

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CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

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DATE: FEBRUARY 1, 2023

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P.C.:

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1. Rule. Rule is made returnable forthwith. By consent of parties, heard finally.

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2. The caste claim of the petitioner is invalidated. Aggrieved thereby, the present writ petition.

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3. The learned counsel for the petitioner submits that the petitioner could not file say to the vigilance report nor appear before the Committee and argue the matter. It is because of unavoidable circumstances, the petitioner could not appear. The learned counsel submits that one more opportunity be given to the petitioner.

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4. The learned AGP submits that though ample opportunity was given to the petitioner, the petitioner

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902-WP-1304-2023

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remained absence. The Committee has not committed any error.

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5. It appears that notices were served upon the petitioner, still the petitioner remained absent.

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6. Considering that the matter involves social status of the petitioner, so also the fact that his services would be dependent upon the decision of the validity proceedings and the reasons given for non-appearance, we are inclined to grant one more opportunity to the petitioner. However, the petitioner also deserves to be mulct with cost.

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7. In the result, we pass the following order:

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(a) The impugned order is quashed and set aside on the condition that petitioner shall deposit cost of Rs.25,000/- with the Committee on or before 27^th February, 2023.

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(b) The petitioner shall appear before the Committee on 27^th February, 2023 and cooperate for expeditious disposal of the proceeding.

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(c) If the cost is deposited by the petitioner, as directed above, the Committee shall proceed to decide the matter on its own merits expeditiously, preferably within six months from the appearance of the petitioner.

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8. Rule is accordingly made absolute.

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(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)

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Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.02.01 19:43:44 +0530

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Abhishek Binay Gupta v. the State of Maha. Thr. Sec. Tribal Devel. Dept. and Anr.

Case brief

What is this about?

What did the court decide?

Abhishek Binay Gupta v. the State of Maha. Thr. Sec. Tribal Devel. Dept. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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