Chandana Mutenna Lakhmawad v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:14657-DB 1 wp 7441.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7441 OF 2024 Chandana Mutenna Lakhmawad .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Shri P. P. Dawalkar, A.G.P. for the Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 18 JULY, 2024.

FINAL ORDER :

.

Issue notice to the respondents. Learned A. G. P. waives service for all respondents.

2.

Heard both the sides finally though it is fresh matter. 3.

Petitioner is impugning the order of the scrutiny committee dated 14 December 2021 whereby, by a common judgment and order the committee invalidated tribe claims of four individuals including the petitioner.

4.

In Writ Petition No. 273 of 2022, to the extent of one of those four individuals namely Atharva Nagesh Lakhamawar by the order dated 06 January 2022 the order was set aside to his

2 wp 7441.24 extent and he was directed to be issued with the certificate of validity conditionally.

5.

Again in respect of one Neeraj Nagesh Lakhmawar in Writ Petition No. 14805 of 2021 by the order dated 01 April 2022, the self same judgment and order was set aside even to his extent. 6.

When Coordinate Benches of this Court had an occasion to consider the self same judgment and order under challenge and had directed the certificates of validity to be issued to those two other individuals Atharva and Neeraj, propriety demands that we follow the same course.

7.

Writ petition is allowed partly. Impugned judgment and order dated 14.12.2021 to the extent of present petitioner is quashed and set aside for the reasons recorded in the matters of Atharva and Neeraj. The committee shall issue certificate of validity to the petitioner. The said validity shall be subject to the final outcome of the matters which the Committee has decided to reopen. The petitioner shall not be entitled to claim equity. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24