Samajik Vikas Prabhodini vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2187

SUNIL B. SHUKRE, FIRDOSH P. POONIWALLA
Samajik Vikas Prabhodini – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
Mr. A. A. Kumbhakoni, Sr. Advocate with Mr. Jagdish G. Aradwad (Reddy) with Mr. Akshay Shinde with Ms.Ashwini B. Jadhav for the Appellant in Writ Petition No.3854 of 2023. Mr. Anshu R.Deshpande i/b. Mr. Rajeev K. Deshpande, for the Appellant in Writ Petition No.7075 of 2023. Mr. Sachin Rajepandhare with Mr. Mayuresh Shinde, for the Appellant in Writ Petition No.10469 of 2023. Mr. Yashodeep Deshmukh with Mr. Rahul Thakare, Ms. Vaidehi Pradip i/b. Mr. Vinod Sangvikar for the Appellant in Writ Petition Nos. 2548 of 2023 and 7074 of 2023. Mr. Sidheshwar Biradar for the Intervener in Interim Application No.14595 of 2023 in Writ Petition No.2548 of 2023 and Interim Application No.14596 of 2023 in Writ Petition No.3854 of 2023. Dr. Birendra Saraf, Advocate General with Mr. P. P. Kakade, Government Pleader with Mr. M.M. Pabale, Assistant Government Pleader with Mr. V. M. Mali, Assistant Government Pleader & Mr. Jay Sanklecha, for the Respondent-State in all the Petitions.

JUDGMENT

Firdosh P. Pooniwalla, J. -

WRIT PETITION NO.3854 OF 2023

1. In this Writ Petition, the Petitioner describes itself as a non- profit committee/ organization set up to protect the rights of non-tribals of other category in the vicinity of District Palghar. The members of the Petitioner are non-tribal members residing at Palghar. According to the Petitioner, the Petitioner has about nine members and it is registered under the provisions of the Indian Registration Act, 1860. The Certificate of Registration of the Petitioner has been issued on 15th March, 2022.

2. By this Petition, the Petitioner is challenging the legality, validity and propriety of the Notification dated 29th August, 2019 issued by the Hon'ble Governor of Maharashtra (the 'said Notification dated 29th August, 2019').

3. The Petitioner is also challenging the Government Resolutions dated 1st February, 2023 and 28th February, 2023, which have been issued for the implementation of the said Notification dated 29th August, 2019, on the ground that they are ex-facie arbitrary, unreasonable and violative of the fundamental rights of the members of the Petitioner, who are nontribals, under Articles 14 to 16 of the Const

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2023 Supreme(Bom) 2187

SUNIL B. SHUKRE, FIRDOSH P. POONIWALLASamajik Vikas Prabhodini – AppellantVersusState of Maharashtra – Respondent

Cases Referred (8)

SUNIL B. SHUKRE, FIRDOSH P. POONIWALLA
Samajik Vikas Prabhodini – Appellant
Versus
State of Maharashtra – Respondent