Vishal Subhash Taru v. The State Of Maharashtra Through Secretary And Others
2024:BHC-AUG:29087-DB *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.11615 OF 2024 VISHAL SUBHASH TARU
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND WRIT PETITION NO.11693 OF 2024 MANISHA D/O ASHOK TARU @ MANISHA W/O SANTOSH BIDKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Shri Deepak D. Choudhari, Advocate for the petitioners. Ms. P.J. Bharad, AGP for the respondents/State. ...
CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.
DATE : 09th December, 2024 Per Court :- Heard.
2.
By way of these two separate Writ Petitions, the petitioners, who are distant cousins, are challenging similar orders passed by the Scrutiny Committee invalidating their tribe claims for 'Koli Mahadev', Scheduled Tribe.
*2* 3.
Since both the petitioners are relying upon the common order dated 13.08.2024 passed by this Court in Writ Petition No.6696/2024 (Vaishnavi Sunil Taru vs. The State of Maharashtra and another) and Writ Petition No.6759/2024 (Sanjana Amol Taru vs. The State of Maharashtra and another), these two petitions are being decided by this common order.
4.
The petitioner (Vishal Subhash Taru) in Writ Petition No.11615/2024 has challenged the common order dated 30.04.2024 passed by the Scrutiny Committee invalidating his tribe claim for 'Koli Mahadev', Scheduled Tribe. The impugned order dated 30.04.2024 is common order in the matter of five persons including the present petitioner (Vishal Taru) and Vaishnavi Taru. This impugned order was subject matter of challenge in Writ Petition No.6696/2024 filed by Vaishnavi Sunil Taru, which was finally decided by this Court after considering the factual and legal aspects. In view of the order dated 13.08.2024 in Writ Petition No.6696/2024, the instant petition will also have to be allowed to the extent of the petitioner.
*3* 5.
The petitioner (Manisha Ashok Taru) in Writ Petition No.11693/2024 has raised challenge to the common order dated 03.05.2024 passed by the Scrutiny Committee invalidating her tribe claim for 'Koli Mahadev', Scheduled Tribe. This impugned order was common order in the matter of the petitioner and Sanjana Amol Taru. This order was challenged by Sanjana Amol Taru in Writ Petition No.6759/2024 and by the order dated 13.08.2024, the said Writ Petition was decided after considering the factual and legal aspects. In view of the order dated 13.08.2024, the instant petition will also have to be allowed to the extent of the petitioner (Manisha Taru). 6.
Hence, the following order:- (a) The Writ Petitions are partly allowed.
(b) The impugned orders are quashed and set aside to the extent of the petitioners.
(c) Respondent No.2/ Scrutiny Committee is directed to immediately issue tribe validity certificates to the petitioners as belonging to 'Koli Mahadev', Scheduled Tribe, in the prescribed format, without adding anything.
*4* (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.)