Shubham Shivaji Marakwad v. The State Of Maharashtra And Others

(1) WP-8862_ 2020 + 1 operative order.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.8862 OF 2019 Mahesh s/o Devidas Marakwad

Versus

The State of Maharashtra and others WITH 923 WRIT PETITION NO.8859 OF 2019 Shubham s/o Shivaji Marakwad

Versus

The State of Maharashtra and others ...

Mr. S.M. Vibhute, Advocate for the petitioner in both petitions. Smt. G.L. Deshpande, A.G.P. for the State.

...

CORAM :

SUNIL P. DESHMUKH & ABHAY AHUJA, JJ.

DATE :

15th January 2021.

OPERATIVE ORDER :- 1.

Impugned order dated 18th July, 2019 passed by respondent No. 2 Scheduled Tribe Certifcate Scrutiny Committee, Aurangabad is set aside. Respondent No. 2 Committee shall forthwith issue validity certifcate to the petitioner as belonging to "Mannervarlu" scheduled tribe. The certifcate would be subject to decision that would be taken by the committee in the proceeding stated to have been

(2) WP-8862_ 2020 + 1 operative order.odt reopened of the validity holder relied upon on behalf of the petitioner. In case, said certifcate is cancelled, then the petitioner may not be in a position to claim equities and it would be open for the committee, if the committee is of the view that validity certifcate obtained by the validity holder is by playing fraud, then the committee may resort to action against the petitioner as would be available in law". 2.

Parties to act upon authenticated copy of this order.

(ABHAY AHUJA, J.) (SUNIL P. DESHMUKH, J.) VD_Dhirde