Umesh Namdev Nayane v. The State Of Maharashtra And Others

994 wp.6505.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

994 WRIT PETITION NO.6505 OF 2021 1.

Umesh S/o Namdev Nayane, 2.

Onkar S/o Namdev Nayane.

... Petitioners

Versus

The State of Maharashtra and others.

... Respondents ...

Mr. Hamzakhan I. Pathan, Advocate for Petitioners. Mr. P. S. Patil, AGP for Respondent/State.

...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

25th November, 2021.

PER COURT:

.

The caste claim of the petitioners is invalidated. The learned counsel for petitioners submits that the caste claim of the petitioners as belonging to Koli Mahadev Scheduled Tribe is invalidated. Among other submissions, one of the submission made by the learned counsel for petitioners is that the caste claim of another real brother of the petitioners namely Atul S/o. Namdev Nayne was also invalidated. He filed Writ Petition No.9358 of 2019 before the Principal Seat at Bombay. The Division Bench of this Court at Principal Seat allowed the said writ petition under order dated 26th August, 2019.

994 wp.6505.21.odt The learned AGP submits that there are contra entries on record. The said fact has been considered by the Committee. It appears that the relation of the present petitioners with Atul S/o. Namdev Nayne i.e. petitioner in Writ Petition No.9358 of 2019 as real brother is not disputed.

In view of the judgment of the Division Bench of this Court at Principal Seat dated 26th August, 2019 in Writ Petition No.9358 of 2019, we follow the same course.

The Committee shall issue validity certificate to the petitioners of Koli Mahadev Scheduled Tribe.

The said validity certificate shall be subject to the decision that would be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioners. The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga