WRIT PETITION NO. 1683 OF 2018

8th January 2020

Petitioner Counsel: Shri A. M. Ghare
Respondent Counsel: Shri A. D. Sonak Shri Gopal Mishra
Act Name: Constitution of India, 1950

Cases Cited :

JUDGEMENT

SUNIL B. SHUKRE, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. Today, validity certificate issued to one Iftesam Razzaque Shaha by respondent no. 1-Committee on 31.10.2019, as she belonging to “Chapparband” De-notified Tribe, is produced in the Court in support of the contentions that the petitioner indeed belongs to “Chapparband” De-notified Tribe. The said Certificate is taken on record and for identification purpose, it is marked as document ‘X’. The Certificate at document ‘X’, indeed shows that Iftesam Razzaque Shaha has been granted validity certificate by respondent no. 1- Committee. According to the learned counsel for the petitioner, Iftesam Razzaque Shaha is the real cousin on the paternal side of the petitioner. The learned counsel for the petitioner submits that name of the father of Iftesam Shaha is Razzaque Shaha, who is real brother of Rashid Shaha Usman Shaha, the father of the petitioner. He further submits that the name of Razzaque Shaha find mention in genealogical tree submitted before respondent no. 1-Committee. The validity certificate dated 31.10.2019 was not or could not have been available before respondent no. 1-Committee, for consideration.

3. Nevertheless, validity certificate dated 31.10.2019, constituting an important proof standing in support of the claim of the petitioner, indeed has to be considered appropriately by the respondent no. 1-Committee or otherwise, there would be possibility of conflicting claims, as regards the social status of some members of the family, being continued in the family. Therefore, it is necessary that this Court exercises its extra-ordinary powers under Article 226 of the Constitution of India and interferes with the impugned order.

4. Accordingly, the petition is allowed.

5. The impugned order dated 09.03.2018 is hereby quashed and set aside. The matter is remanded back to respondent no. 1-Committee for fresh consideration, in the light of new evidence being produced by the petitioner. The petitioner is directed to appear before respondent no. 1-Committee on 27.01.2020. The petitioner is permitted to file before the Committee, a copy of validity certificate bearing No. A 2250972 dated 31.10.2019 issued by respondent no. 1-Committee.

6. Respondent no. 1-Committee is at liberty to consider the validity certificate dated 31.10.2019, in the light of other evidence available on record, if necessary. Respondent no. 1-Committee shall take appropriate decision, in accordance with law, in the matter within a period of four weeks from the date of appearance of the petitioner before it and till then the interim protection granted to the petitioner by this Court on 20.03.2018 shall continue. All questions are kept open.

7. Rule is made absolute in the above terms. No costs.