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Bombay High CourtWP/5690/2021disposed off

Deepali Gurunath Bodhgire v. The State Of Maharashtra And Others

2021-12-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

5690.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 WRIT PETITION NO.5690 OF 2021 DEEPALI GURUNATH BODHGIRE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.S.M.Vibhute AGP for Respondent-State : Mr.A.R.Kale ...

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

DATE : 06.12.2021 P.C. :

1] Amongst other submissions, one of the submission of the learned counsel for the petitioner is that the Committee has invalidated the tribe claim of 7 persons under common judgment dated 28.01.2021. Out of these 7 persons, Tejas Balaji Bodhgire had filed Writ Petition bearing No.2046 of 2021 before this Court. Real paternal cousin of the petitioner had filed Writ Petition bearing No.2059 of 2021. This Court under order dated 2nd February, 2021 directed the Committee to issue validity certificate.

2] We have also heard learned AGP.

5690.21WP 3] 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.

4] Considering the above, we pass following order:

ORDER

I] 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 validity holders relied by the petitioner.

II] Writ Petition disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC