Aishwarya Venktesham Rautwar v. The State Of Maharashtra And Another

1 907-wp 1993-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1993 OF 2022 Aishwarya Venktesham Rautwar .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Mr. Chandrakant R. Thorat, Advocate for the Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 10th FEBRUARY 2022.

PER COURT:- .

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

2.

We have heard Mr. Thorat, learned counsel for the petitioner and Mr. Patil, learned Addl. G.P. for respondent Nos. 1 and 2. 3.

The petitioner is relying upon the validities issued in favour of Monika d/o Ramesh, Ganpat s/o Pandharinath, Manohar s/o Ganpatrao and others.

4.

Upon perusal of the files of Ganpat and others we do not find father of the petitioner to be shown as their relatives. Ganpat has also

2 907-wp 1993-2022.odt given statement to the effect that he does not have real brother. The father of the petitioner namely Venktesham claims to be the brother of Ganpat.

5.

The relationship as per the available record cannot be said to be proved between the petitioner and the validity holders. 6.

Mr. Thorat, learned counsel for the petitioner submits that opportunity be given to the petitioner to prove the relationship before the committee.

7.

Considering the fact that, the matter involves social status of the petitioner, we are inclined to give one more opportunity to the petitioner.

8.

In the light of the above, the impugned judgment is set aside. The parties are relegated before the committee. 9.

The petitioner shall appear before the committee on 16.02.2022. The committee shall thereafter endeavour to decide the proceedings expeditiously. The petitioner may prove the relationship with other validity holders as relied by the petitioner.

10. The committee shall decide the proceedings expeditiously and preferably within a period of four (04) weeks from the date of

3 907-wp 1993-2022.odt appearance of the petitioner.

11. Writ petition is disposed of. No costs.

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