Ajit Uttamrao Bodhgire v. The State Of Maharashtra Thr Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 WRIT PETITION NO.2059 OF 2021 AJIT UTTAMRAO BODHGIRE

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS ...

Advocate for Petitioner: Mr. Vibhute Sunil M. AGP for respondents/State: Mr S R Yadav Lonikar

CORAM

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

DATE : 2nd February, 2021 ORDER:

1.

Caste claim of the petitioner as Mannervarlu Scheduled Tribe is invalidated.

2.

Amongst various contentions, one of the contentions of the learned counsel for the petitioner is that Tajesh Balaji Bodhgire and the present petitioner are the paternal relatives. Their claims are decided by common judgment by the Committee under the impugned order. Tejas Balaji Bodhgire has field Writ Petition bearing No. 2046/2021. The same is allowed by this Court.

3.

We have also heard the learned A.G.P.

4.

It appears that relationship is not disputed. The other paternal relatives of the petitioner namely Ganesh Sudhakar Bodhgire and Sanjivani Sudhakar Bodhgire are issued with the validity certificates under orders of this Court at Bombay and Aurangabad Bench. 5.

Considering the above, we pass following order:

O R D E R

i.

The impugned order is quashed and set aside.

ii. The Committee shall issue validity certificate to the petitioner of Mannervarlu Scheduled Tribe immediately. The said validity certificate shall be subject to the decision that would be taken by the Committee in proceedings re-opened of the validly holders relied by the petitioner.

6.

Writ petition disposed of. No costs.

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