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Bombay High CourtWP/476/2021disposed off

Ganesh Nagnath Thakur v. The State Of Maharashtra And Others

2021-01-13Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 993 WRIT PETITION NO.476 OF 2021 GANESH NAGNATH THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Golegaonkar Madhur A. AGP for Respondents State: Mr S K Tambe Advocate for Respondents No.6: Mr M. D. Narwadkar

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 13th January, 2021 ORDER:

1.

Caste claim of the petitioner as belonging to Thakur Scheduled Tribe is invalidated.

2.

Mr. Golegaonkar, the learned counsel for the petitioner submits that real sisters of the petitioner Kum. Meghana Nagnath Thakur had also applied for grant of validity certificate of Thakur Scheduled Tribe. Her caste claim was invalidated by the Committee. She filed Writ Petition no. 8829/2019 before this Court. This Court, under order dated 02.08.2019, allowed the said writ petition with direction to grant validity certificate to Meghana Naghnath Thakur, real sister of the petitioner. The learned counsel submits that not a single contra evidence existing on record. 3.

We have also heard learned A.G.P.

4.

Relationship does not appear to be disputed. Real sister of the petitioner is directed to be issued with validity certificate of Thakur Scheduled Tribe under orders of this Court dated 02.08.2019 in Writ

petition No. 8829/2019.

5.

For the reasons recorded int he order dated 02.08.2019, we follow the same course and pass following order:

O R D E R

(a) The impugned order of the committee is quashed and set aside. The Committee shall issue validity certificate to the petitioner of "Thakur" scheduled tribe immediately. The said validity certificate shall be subject to the decision that would be taken by the committee in the cases of the validity holders that are reopened and relied by the petitioner.

(b) In case, the validity certificates of the validity holders relied by the petitioner are cancelled, the petitioner would not be entitled to claim any equity.

6.

Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC