2019 NearLaw (BombayHC Nagpur) Online 266
Bombay High Court

JUSTICE R. K. DESHPANDE JUSTICE S. M. MODAK

Rohidas Maharu Chavan Vs. State of Maharashtra & Ors.

WRIT PETITION NO. 2131 OF 2019

3rd April 2019

Petitioner Counsel: Shri U. J. Deshpande
Respondent Counsel: Shri N. R. Patil

The reason assigned was that no documents prior to 1961 are produced on record and the petitioner has failed to establish his relationship with Chandan Rajusingh Chavan in whose name the validity certificate has been issued.
The petitioner submits that affidavit in respect of relationship was placed on record but, the same has not been considered.
The order dated 24.10.2018 invalidating the claim of the petitioner for Banjara Vimutka Jati (VJ-A) is hereby quashed and set aside.
The matter is remitted back to the Committee to decide the case of the petitioner afresh by taking into consideration all the documents placed on record and after hearing the petitioner within a period of one month.
No order as to costs.

Cases Cited :

JUDGEMENT

R. K. DESHPANDE, J.

Rule made returnable forthwith.

Heard finally by consent of learned counsels appearing for the parties.

2. The claim of the petitioner is invalidated for “Banjara” Vimukta Jati (VJ-A). The reason assigned was that no documents prior to 1961 are produced on record and the petitioner has failed to establish his relationship with Chandan Rajusingh Chavan in whose name the validity certificate has been issued.

3. The petitioner submits that affidavit in respect of relationship was placed on record but, the same has not been considered. About this, there is no dispute. Hence, the matter will have to be sent back to the Committee to decide it afresh.

4. In the result, this writ petition is allowed. The order dated 24.10.2018 invalidating the claim of the petitioner for “Banjara” Vimutka Jati (VJ-A) is hereby quashed and set aside. The matter is remitted back to the Committee to decide the case of the petitioner afresh by taking into consideration all the documents placed on record and after hearing the petitioner within a period of one month. The petitioner to appear before the Committee on 08.04.2019.

5. Rule is made absolute in above terms. No order as to costs.