Disposed

Jeevan Onkar Wani and Others v. the State of Maharashtra through the Collector and Others

Bombay HC5 Jun 2023WP/5825/2023

Case brief

AI extract

What is this about?

This petition challenges non-compliance with Section 7 of the 2000 Act regarding a caste certificate application where no hearing notice was issued despite the six-month mandate. The Court directed the committee to decide the application by 31/10/2023 after issuing notices.

What did the court decide?

Directed Respondent No.3 to decide the application by 31/10/2023 after issuing notices to all stakeholders in compliance with Section 7 of the 2000 Act.

Jeevan Onkar Wani and Others Vs the State of Maharashtra… — Caste Atrocities | Bombay HC (2023)

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5825.23wp

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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15 WRIT PETITION NO.5825 OF 2023

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JEEVAN ONKAR WANI AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS

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Mr Mahesh Deshmukh, Advocate h/f Mr U. B. Gite, Advocate for Petitioners; Mr D. R. Kale, G.P. for Respondent Nos.1 to 3

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CORAM : RAVINDRA V. GHUGE AND

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Y. G. KHOBRAGADE, JJ.

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DATE : 5th June, 2023

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PER COURT:

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The Petitioners have moved an application on

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05/09/2022 to the Deputy Director/Secretary, Scheduled Tribe Verification Committee, Dhule, under Section 7 of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category, (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short ‘the 2000 Act’). Grievance is that, though Section 7(2) mandates such application to be decided within six months, even a notice of hearing is not issued on the said application.

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5825.23wp (2)

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Considering the above, we are not issuing notice to Respondent Nos.4-a and 4-b, since we would direct the Competent Committee to deal with the application filed by the Petitioners, strictly in accordance with Section 7 of the 2000 Act. Needless to state, all stakeholders would be issued with notice of hearing, and after following the due procedure laid down in law, the application shall be decided on or before 31/10/2023.

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In view of the above, this petition is disposed off, with a direction to Respondent No.3, to deal with the application dated 05/09/2022 in view of Section 7 of the 2000 Act and by issuing notices of hearing to all stakeholders, including Respondent Nos.4-a and 4-b.

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Let a decision be arrived at on the application, on or before 31/10/2023 by following the due procedure laid down in law.

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In the event of any subsequent development, that may have occurred in the interregnum, all the parties are at liberty to avail of the remedies as may be permissible in law.

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(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk

Jeevan Onkar Wani and Others v. the State of Maharashtra through the Collector and Others

Case brief

What is this about?

What did the court decide?

Jeevan Onkar Wani and Others v. the State of Maharashtra through the Collector and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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