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Bombay High CourtWP/5990/2025disposed off

Bhuma Hanumant Singarwad v. The State Of Maharashtra Through Its Secretary And Others

2025-05-06Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Y. G. Khobragade3 pages

2025:BHC-AUG:13764-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO. 5984 OF 2025 SHIVKANTA LAXMAN SINGARWAD

VERSUS

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

AND 933 WRIT PETITION NO. 5990 OF 2025 BHUMA HANUMANT SINGARWAD

VERSUS

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

AND 946 WRIT PETITION NO. 6012 OF 2025 SHANKAR LAXMAN SHINGARWAD

VERSUS

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

• Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner in both Writ Petitions.

• Mr. M. M. Nerlikar, Addl.GP, Mr. S. R. Wakale & Ms. D. S. Jape, AGPs for Respondents/State in respective Writ Petitions. ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 06.05.2025 1/3

PER COURT :

.

The petitioners by way of these separate writ petitions are challenging the common order dated 29.04.2025, whereby the Scrutiny Committee has refused to validate their 'Mannervarlu' scheduled tribe certificates.

2.

Issue notice. Learned Addl. GP & AGPs waive service for respondents in respective Writ Petitions.

3.

The impugned order was passed by respondent - the Scrutiny Committee taking aid of the vigilance enquiry and its report conducted in the matter of petitioners' blood relative Arjun Madhavrao Singarwad, dated 22.06.2019. A copy of the report was served upon these petitioners with a show cause notice issued under Rule 12(8) of the Rules framed under the Maharashtra Act. No. XXIII of 2001, dated 12.03.2025.

4.

Later on, the committee conducted hearing and arise these circumstances and the evidence revealed during the course of vigilance enquiry conducted in the matter of Arjun and passed the impugned order expressly mentioning that in paragraph No. 3 and 4 of the order under challenge.

2/3

5.

Incidentally, Arjun's matter was decided by the committee earlier. It refused to validate his 'Mannervarlu' scheduled tribe certificate. He challenged the order in Writ Petition No. 9030 of 2019. By the order dated 22.08.2019, a division bench of this Court quashed and set aside the order of the committee in Arjun's matter and directed it to issue a validity certificate to him. 6.

In view of above, for the same reasons as have been recorded by the division bench in the matter of Arjun, these Writ Petitions are allowed partly. The impugned order is quashed and set aside. Respondent - the Scrutiny Committee shall issue tribe validity certificate to the petitioners as belonging to 'Mannervarlu' scheduled tribe. The validity shall be co-terminus with the validities of earlier validity holders.

7.

The petitioners shall not claim equities.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 3/3