Jeevan Shivaji Ainwad v. The State Of Maharashtra And Another
2024:BHC-AUG:16227-DB 1 wp 8753.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 8753 OF 2019 Jeevan Shivaji Ainwad .. Petitioner
Versus
The State of Maharashtra and another .. Respondents Shri Chandrakant R. Thorat, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.
DATE : 31 JULY, 2024.
FINAL ORDER :
.
The petitioner is challenging common order passed by the Scrutiny Committee in his matter and in the matter of one Rajshree Uttamrao Ainwad, stated to be first cousin, dated 09 July 2019, thereby invalidating their 'Mannervarlu' (Scheduled Tribe) claims.
2.
It is being pointed out that Rajshree Uttamrao Ainwad had challenged the self same decision in Writ Petition No. 9040 of 2019. By the order dated 21 August 2019, the Division Bench at the Principal Seat for the reasons recorded therein had allowed the petition and directed certificate of validity to be issued subject to decision to be taken in the matter of validity holders, which the Committee has decided to reopen.
2 wp 8753.19 3.
Since the self same order has been scrutinized by a coordinate Division Bench, though the petitioner is different, the impugned order being common order propriety demands that we allow the writ petition in the same manner it was done in the matter of Rajshri Uttamrao Ainwad.
4.
Writ petition is allowed partly for the self same reasons as mentioned in the matter of Rajshri Uttamrao Ainwad. Impugned judgment and order passed by the respondent No. 2/Committee is quashed and set aside. The respondent No. 2/Committee shall immediately issue certificate of validity to the petitioner of 'Mannervarlu' (Scheduled Tribe). Its validity would be subject to final outcome of the matters which the Committee has decided to reopen. The petitioner shall not be entitled to claim equities. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24