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Bombay High CourtWP/13105/2022disposed off

Omkar Shivshankar Umbarje v. State Of Maharashtra Thr Its Secretary Tribal Devlopment And ANR

2022-11-11Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Shivkumar Dige2 pages

902.13105.22-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.11.14 10:56:32 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 13105 OF 2022 Omkar Shivshankar Umbarje ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. R. K. Mendadkar for the Petitioner Mr. V. M. Mali, AGP for the State Mr. Sameer Khedekar for Respondent No.3

CORAM:

S.V.GANGAPURWALA & S.G. DIGE, JJ.

DATED :

NOVEMBER 11, 2022 P.C.

The caste claim of the Petitioner as Koli Mahadev is invalidated. It is submitted that the real Uncle of the Petitioner has been issued validity under the orders of this Court in Writ Petition No.5517/2022 dated 12th September 2022. So also his cousins Pratik and Shubhangi, under order dated 31st March 2022 in Writ Petition N0.2671/2020.

The learned AGP points out the discrepancies in the genealogy submitted in the present matter and the matter of the relatives of the Petitioner.

Basavraj 1/2

902.13105.22-wp.docx It appears that the father of the Petitioner has been issued validity under the orders of this Court and some of the other relatives also. There appears to be some discrepancies in the genealogy of the relatives of the Petitioner. As the validity has been issued to the father of the Petitioner under the orders of this Court, we pass the following order:

a.

The impugned judgment is set aside.

b.

The Respondent may issue validity certificate of Koli Mahadev, Scheduled Tribe to the Petitioner.

c.

It would be open for the Committee to verify the genealogy submitted by the Petitioner of his father and other relatives and if it is found that fraud has been played in submitting the genealogy, then the Scrutiny Committee may take further steps in the matter, as may be permissible under the law. The validity issued to the Petitioner shall be subject to the same.

d.

The Writ Petition is disposed of no costs.

(S.G. DIGE,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2