LAWS(BOM)-2023-9-396

SAMAJIK VIKAS PRABHODINI Vs. STATE OF MAHARASHTRA

Decided On September 27, 2023
Samajik Vikas Prabhodini Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(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 15/3/2022.

(2.) By this Petition, the Petitioner is challenging the legality, validity and propriety of the Notification dtd. 29/8/2019 issued by the Hon'ble Governor of Maharashtra (the 'said Notification dtd. 29/8/2019').

(3.) The Petitioner is also challenging the Government Resolutions dtd. 1/2/2023 and 28/2/2023, which have been issued for the implementation of the said Notification dtd. 29/8/2019, 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 Constitution of India. Prayers (a) and (b) of the Petition, which seek final reliefs, read as under:-