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Bombay High CourtWP/1578/2022disposed off

Shubham Shankar Dugamwar v. The State Of Maharashtra And Others

2022-02-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

(1) 1051-wp-1578-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1578 OF 2022 SHUBHAM SHANKAR DUGAMWAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Madhuar A. Golegaonkar, Advocate for the Petitioner.

Mr. A. S. Shinde, AGP for Respondents-State.

...

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

DATED : 16th FEBRUARY, 2022.

PER COURT:- 1.

The tribe claim of the petitioner as belonging to 'Mannervarlu', Scheduled Tribe is invalidated.

2.

Amongst other submissions, one of the submission of the learned counsel for the petitioner is that, real brother of the petitioner Shivam s/o Shankar Dugamwar had also applied for the validity certificate of 'Mannervarlu', Scheduled Tribe. The said claim was invalidated by the Scrutiny Committee. He filed Writ Petition bearing No.8631/2018 before the Principal Seat at Bombay. The Division Bench at the Principal Seat at Bombay under judgment dated July 25, 2018 allowed the said Writ Petition and directed the Committee to issue validity certificate to him.

(2) 1051-wp-1578-2022 All the entries which are subject matter in the present case are also the subject matter of consideration in the said case.

3.

The learned A.G.P. on going through the said judgment does not dispute the relationship of the petitioner with Shivam s/o Shankar Dugamwar. 4.

For the reasons stated in the judgment dated July 25, 2018 passed by the Division Bench at Principal Seat at Bombay in Writ Petition No.7631/2018, we adopt the same course and pass the following order:

ORDER

A.

The Committee shall issue validity certificate to the petitioner of 'Mannervarlu', Scheduled Tribe.

B.

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

5.

Writ Petition is disposed of. No costs.

(S. G. DIGE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2022