Sagar Arjun Thakur vs. The State Of Maharashtra

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6185 OF 2018 Sagar s/o. Arjun Thakur ..Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. WRIT PETITION NO.6186 OF 2018 Kashinath s/o. Arjun Thakur ..Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. Mr.S.C.Yeramwar for the petitioner in both the petitions. Mr.M.M.Pabale, AGP for the respondentState in both the petitions. CORAM: SHANTANU KEMKAR AND NITIN W.SAMBRE, JJ. DATE : JUNE 14, 2018 P.C.: Heard the learned counsel for the petitioner on the question of admission. Issue notice to the respondents, returnable as per C.M.I.S. date. The learned AGP waives service on behalf of respondent Nos.1 and 2. Reply to the petition be filed within four weeks. Steps of service of notice on respondent No.3 be taken within two weeks. Until the next date, no coercive steps be taken against the petitioner on the basis of the impugned order passed by the Caste Scrutinty Committee. List the matter as per C.M.I.S. date. (NITIN W.SAMBRE, J.) (SHANTANU KEMKAR, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6185 OF 2018 Sagar Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6186 OF 2018 Kashiram Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent Ms Anita Gavkar i/by Mr Yeramwar Sushant Chandrakantrao For Petitioner Mr P.G. Sawant AGP FOR R.no. 1 To 3 CORAM : A.S. OKA & SANDEEP KASHINATH SHINDE, JJ DATE : 6th December, 2018 P.C. : Await Service. Stand over to 17/01/2019. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6185 OF 2018 Sagar Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6186 OF 2018 Kashiram Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent Mr Yeramwar Sushant Chandrakantrao, Advocate For Petitioners in both WP Mr Y S Khochare, AGP for R.no. 1 and 2 in both W.P.; Mr Ramesh D Rane, Advocate for R.no. 3 in WP/6185/2018. CORAM : B.R. GAVAI & N. J. JAMADAR, JJ DATE : 21st January, 2019 P.C. : At the request of learned advocate for the petitioners, Stand over to 04/02/2019. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 4829 OF 2017 Ramesh Nana Morajkar ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6185 OF 2018 Sagar Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent WITH WRIT PETITION NO. 6186 OF 2018 Kashiram Arjun Thakur ....Petitioner V/S The State Of Maharashtra And Ors ....Respondent Mr Yeramwar Sushant Chandrakantrao, Advocate for Petitioners in above 3 WP. Mrs R A Salunkhe, AGP for R.no. 1 To 3 CORAM : B.R. GAVAI & N. J. JAMADAR, JJ DATE : 18th February, 2019 P.C. : Office is directed to place the matters HIGH ON BOARD ON 25/02/2019 along with WP/4649/15 and WP/6842/15. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 15: (4)-WP-4829-17 & group.doc BDPSPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4829 OF 2017 Ramesh Nana Morajkar ..Petitioner Versus State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6185 OF 2018 Sagar S/o Arjun Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6186 OF 2018 Kashiram S/o Arjun Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.4649 OF 2015 Surendra Bhagwan Morajkar ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6842 OF 2015 Prafulla Vitthal Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH (4)-WP-4829-17 & group.doc CIVIL APPLICATION NO.3201 OF 2015 IN WRIT PETITION NO.6842 OF 2015 Prafulla Vitthal Thakur ..Applicant Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.7643 OF 2015 Yogesh Shantaram More Petitioner Versus State of Maharashtra and another Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioners in all the Writ Petitions & for Applicant in Civil Application. Mr. P. G. Sawant, AGP for Respondent – State in all the Writ Petitions and Civil Application. CORAM: B. R. GAVAI & N. J. JAMADAR, JJ. DATE: 25th FEBRUARY, 2019 ORAL JUDGMENT: (Per B.R. Gavai, J.) 1] Rule. Rule is made returnable forthwith. Petitions are taken up for final hearing. 2] All these Writ Petitions impugn the orders passed by Respondent – Scrutiny Committee, thereby invalidating the claim of the Petitioners of belonging to Thakar Scheduled Tribe. Admittedly, all the Petitioners are members of one family. 3] It is the contention of the Petitioners that their blood relatives have been subsequently granted validity certificates. For a change, the Respondent – Scrutiny Committee, in its affidavit, has come with a reasonable stand. It is stated in the affidavit that in view of validity certificates having been subsequently granted in favour of the Petitioner's blood relatives, the Committee is willing to reconsider the issue. 4] In that view of the matter, Petitions are partly allowed. The impugned orders are quashed and set aside and the matters are remitted to the Respondent – Scrutiny Committee for deciding afresh in the light of the validity certificates granted in favour of the blood relatives of the Petitioners. Interim protection, which has been granted in favour of the Petitioners by this court on earlier occasions, shall stand continue till decision of the Committee and, in the event, decision of the Committee is adverse to the interest of the Petitioners, (4)-WP-4829-17 & group.doc for further period of three weeks from the date of receipt of the communication of the order passed by the Scrutiny Committee. 5] Rule is made absolute in the aforesaid terms. 6] Since Writ Petitions are partly allowed and disposed in the aforesaid terms, Civil Application No.3201 of 2015 taken out in Writ Petition No.6842 of 2015 does not survive and the same is also disposed of. (N. J. JAMADAR, J.) (B. R. GAVAI, J.)

Order - Status 16: (4)-WP-4829-17 & group-spk-minutes.doc BDPSPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4829 OF 2017 (Modified as per order dated 8/4/2019) Ramesh Nana Morajkar ..Petitioner Versus State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6185 OF 2018 Sagar S/o Arjun Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6186 OF 2018 Kashiram S/o Arjun Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.4649 OF 2015 Surendra Bhagwan Morajkar ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6842 OF 2015 Prafulla Vitthal Thakur Petitioner Versus The State of Maharashtra and others Respondents (4)-WP-4829-17 & group-spk-minutes.doc WITH CIVIL APPLICATION NO.3201 OF 2015 IN WRIT PETITION NO.6842 OF 2015 Prafulla Vitthal Thakur ..Applicant Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.7643 OF 2015 Yogesh Shantaram More ..Petitioner Versus State of Maharashtra and another ..Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioners in all the Writ Petitions & for Applicant in Civil Application. Mr. P. G. Sawant, AGP for Respondent – State in all the Writ Petitions and Civil Application. CORAM: B. R. GAVAI & N. J. JAMADAR, JJ. DATE: 25th FEBRUARY, 2019 ORAL JUDGMENT: (Per B.R. Gavai, J.) 1] Rule. Rule is made returnable forthwith. Petitions are taken up for final hearing. 2] All these Writ Petitions impugn the orders passed by Respondent – Scrutiny Committee, thereby invalidating the claim of the Petitioners of belonging to Thakar Scheduled Tribe. Admittedly, all the Petitioners are members of one family. 3] It is the contention of the Petitioners that their blood relatives have been subsequently granted validity certificates. For a change, the Respondent – Scrutiny Committee, in its affidavit, has come with a reasonable stand. It is stated in the affidavit that in view of validity certificates having been subsequently granted in favour of the Petitioner's blood relatives, the Committee is willing to reconsider the issue. 4] In that view of the matter, Petitions are partly allowed. The impugned orders are quashed and set aside and the matters are remitted to the Respondent – Scrutiny Committee for deciding afresh in the light of the validity certificates granted in favour of the blood relatives of the Petitioners. The Respondent – Scrutiny Committee shall decide the matter on remand within a period of three months from the date of uploading of the order. Interim (4)-WP-4829-17 & group-spk-minutes.doc protection, which has been granted in favour of the Petitioners by this court on earlier occasions, shall stand continue till decision of the Committee and, in the event, decision of the Committee is adverse to the interest of the Petitioners, for further period of three weeks from the date of receipt of the communication of the order passed by the Scrutiny Committee. 5] Rule is made absolute in the aforesaid terms. 6] Since Writ Petitions are partly allowed and disposed in the aforesaid terms, Civil Application No.3201 of 2015 taken out in Writ Petition No.6842 of 2015 does not survive and the same is also disposed of. (N. J. JAMADAR, J.) (B. R. GAVAI, J.)

Order - Status 17: (Prod)WP482917 & group.doc. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4829 OF 2017 Ramesh Nana Morajkar ..Petitioner Versus State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6185 OF 2018 Sagar S/o Arjun Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.6186 OF 2018 Kashiram S/o Arjun Thakur Petitioner Versus The State of Maharashtra and others Respondents WITH WRIT PETITION NO.4649 OF 2015 Surendra Bhagwan Morajkar Petitioner Versus The State of Maharashtra and others Respondents WITH WRIT PETITION NO.6842 OF 2015 Prafulla Vitthal Thakur ..Petitioner Versus The State of Maharashtra and others ..Respondents WITH CIVIL APPLICATION NO.3201 OF 2015 IN WRIT PETITION NO.6842 OF 2015 (Prod)WP482917 & group.doc. Prafulla Vitthal Thakur ..Applicant Versus The State of Maharashtra and others ..Respondents WITH WRIT PETITION NO.7643 OF 2015 Yogesh Shantaram More Petitioner Versus State of Maharashtra and another Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioners in all the Writ Petitions. Mr. S. B. Kalel, AGP for Respondent – State in all the Writ Petitions and Civil Application. CORAM : B. R. GAVAI & DAMA SESHADRI NAIDU, JJ. DATE : 8th APRIL, 2019 P.C. 1] Not on board. Mentioned at 11:00 a.m. 2] Learned counsel for the Petitioners has moved this Court for speaking to the minutes of the order dated 25th February 2019. It is stated that after second sentence in 4th paragraph, the Court has dictated as under : " The Respondent – Scrutiny Committee shall decide the matter on remand within a period of three months from the date of uploading of the order. " 3] The contention appears to be correct. The said sentence be inserted after the second sentence in 4th paragraph. [DAMA SESHADRI NAIDU, J.] [B. R. GAVAI, J.] BGP. 2 of 2