Mahesh Tanaji Marakwad v. The State Of Maharashtra And Others

1 946-wp 1277-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1277 OF 2022 Mahesh Tanaji Marakwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sunil M. Vibhute, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 25th JANUARY, 2022.

PER COURT:- .

The tribe claim of the petitioner is invalidated. 2.

Amongst other submissions, one of the submission made by the learned counsel for the petitioner is that the tribe claim of the real sister of the petitioner namely Manisha D/o Tanaji was also invalidated. She filed Writ Petition No.9968 of 2018. The Division Bench of this Court under order dated 30.08.2018 directed the committee to issue validity certificate to her. The same evidence as was relied in the matter of Manisha is subject matter of consideration in the present petition also.

3.

We have also heard the learned A.G.P. for respondent Nos. 1 to 3.

2 946-wp 1277-2022.odt 4.

The learned A.G.P. does not dispute that Manisha D/o Tanaji is the real sister of the present petitioner.

5.

In view of that and for the reasons stated in the judgment dated 30.08.2018 in Writ Petition No. 9968 of 2018, we follow the same course and pass the following order.

6.

The committee shall issue validity certificate to the petitioner of "Mannervarlu" (Scheduled Tribe).

7.

The said validity certificate shall be subject to the decision that would be taken by the committee in the proceedings reopened of the validity holders relied by the petitioner.

8.

Writ petition is disposed of. No costs.

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.