Rameshwar Maruti Gandhale v. The State Of Maharashtra And Others
2024:BHC-AUG:29968-DB *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 56 WRIT PETITION NO. 2060 OF 2022 RAMESHWAR MARUTI GANDHALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Shri Vibhute Sunil M., Advocate for the Petitioner. Shri M.K. Goyanka, AGP for Respondent Nos.1 and 2/State. ...
AND 57 WRIT PETITION NO. 2061 OF 2022 SOMINATH GOVARDHAN GANDHALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Shri Vibhute Sunil M., Advocate for the Petitioner. Shri M.K. Goyanka, AGP for Respondent Nos.1 to 4/State. ...
CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.
DATE : 16th December, 2024 Per Court ( Prafulla S. Khubalkar, J.
):- Heard.
2.
The petitioners have challenged the common order dated 01.02.2022 invalidating their tribe claims for 'Koli Mahadev', Scheduled Tribe.
*2* 3.
The impugned order is common order in the matters of Shrimant Bibhishan Gandhale, Rameshwar Maruti Gandhale (the petitioner in Writ Petition No.2060/2022) and Sominath Govardhan Gandhale (the petitioner in Writ Petition No.2061/2022).
4.
The impugned order in these two Writ Petitions was subject matter of challenge in Writ Petition No.2029/2022 filed by Shrimant Bibhishan Gandhale, which was partly allowed by the judgment and order dated 09.08.2023 and the impugned order was quashed and set aside to the extent of the said petitioner. In view of the judgment dated 09.08.2023 in Writ Petition No.2029/2022, the instant petitions will also have to be allowed to the extent of the petitioners herein.
5.
Hence, we pass the following order:- (a) The Writ Petitions are partly allowed.
(b) The impugned order to the extent of the petitioners is quashed and set aside.
(c) Respondent No.2 Scrutiny Committee is directed to immediately issue tribe validity certificates to the petitioners as
*3* belonging to 'Koli Mahadev', Scheduled Tribe, in the prescribed format without adding anything.
(d) These validity certificates shall be subject to the final outcome of the matters, which the Committee has decided to reopen.
(e) The petitioners shall not be entitled to claim equities.
kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)