Pratiksha Sainath Mundkar Through Father Saianth Bhumanna Mundkar v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:11187-DB 971 WP 4897 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 WRIT PETITION NO. 4897 OF 2025 PRATIKSHA SAINATH MUNDKAR THROUGH FATHER SAIANTH BHUMANNA MUNDKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for the Petitioner : Mr. A.D. Sonkawade h/f Mr. Jayewar Sainath Gangadhar AGP for Respondents: Mr. S. V. Hange ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 09.04.2025 PER COURT :

Heard both the sides.

2.

Issue notice for final disposal. The learned A.G.P. waives service for the respondents. At the joint request of the parties, the matter is being disposed of at this stage itself.

3.

As is mentioned by the committee in the impugned judgment and order, already few of the blood relatives of the petitioner have been held to be entitled to have certificates of validity including one Rajesh Ramrao Mundkar, by the judgment and order passed in Writ Petition No. 2238/2022 on 01.09.2023.

4.

Perusal of the impugned order reveals and substantiate the stand of the learned advocate for the petitioner that the vigilance enquiry conducted in the matter of Rajesh Ramrao Mundkar and responded to by him was allowed to be adopted by the petitioner as mentioned in paragraph no. 4 of 1/2

971 WP 4897 25.odt the impugned judgment and order.

5.

This circumstance indicate that the same set of evidence that was collected and scrutinized while deciding Rajesh's matter is the subject matter of scrutiny before the committee while discarding the petitioner's claim. Therefore, no separate reasons are required to be assigned. 6.

For the reasons recorded by this Court in the matter of Rajesh in Writ Petition No. 2238/2023, the petitioner is allowed. The impugned order is quashed and set aside. The respondent-scrutiny committee shall issue tribe validity certificate of 'Mannervarlu' scheduled tribe to the petitioner forthwith which shall be subject to outcome of the reverification. 7.

The petitioner shall not be entitled to claim equities. ( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 2/2