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Bombay High CourtWP/7648/2021disposed off

Sachin Padurang Baste v. The State Of Maharashtra And Others

2021-10-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 wp 7648.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7648 OF 2021 Sachin Pandurang Baste .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. S. Golegaonkar, Advocate h/f Shri Madhur A. Golegaonkar, Advocate for the Petitioner.

Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1 to 3. Shri S. G. Karlekar, Advocate for the Respondent No. 4. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

28TH OCTOBER, 2021.

FINAL ORDER :

.

The tribe claim of the petitioner as belonging to "Mannervarlu" (Scheduled Tribe) is invalidated. 2.

Amongst other submissions, one of the submissions of the learned counsel for the petitioner is that, the tribe claim of the real sister of the petitioner namely Shubhangi was also invalidated. She filed Writ Petition N. 7500 of 2018 before the Principal Seat of this Court at Bombay. The Division Bench allowed the said writ petition under order dated July 23, 2018 directing the committee to issue conditional validity. 3.

Considering the above and for reasons recorded in Writ

2 wp 7648.21 Petition No. 7500 of 2018 under order July 23, 2018, we follow the same course and pass following order.

4.

The committee is directed to issue tribe validity certificate to the petitioner forthwith. As the committee has already initiated proceeding for cancellation of validity issued to the blood relations of the petitioner, in response to the Courts query, it is assured by the Committee that the Committee will conclude those proceedings within a period of three (03) months from the date of receipt of copy of this order. If the proceeding for cancellation of caste validity holders are answered against such certificate holders, it shall be open for the respondent/Committee to issue show cause notice to the petitioner as to why the validity certificate granted to petitioner should not be cancelled and it will be open for the Committee to take those proceeding to its logical end. Needless to say that the certificate issued to the petitioner is subject to the outcome of the proceeding for cancellation of validity issued in favour of her blood relations. 5.

With the aforesaid observation, the writ petition is allowed to the extent indicated above. The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Oct.21