Hanuman Laxman Rechode v. The State Of Maharashtra And Others

2024:BHC-AUG:30226-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO. 7840 OF 2020 Ashok s/o Laxman Rechode, Age 48 years, Occ. Service, R/o. Madalmohi Tq. Georai, Dist. Beed.

...

Petitioner

VERSUS

1) The State of Maharashtra 2) The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy. Director (R) Aurangabad.

3) The Senior Administrative Officer (Transport) Brhanmumbai Electricity Supply and Transport Undertaking of Bruhanmumbai Mahanagarpalika (BEST) 4) The Joint Depo Manager, Masaj, Brhanmumbai Electricity Supply and Transport Undertaking of Bruhanmumbai Mahanagarpalika (BEST) ...

Respondents ...

Advocate for the Petitioner : Mr. Vibhute Sunil M. AGP for Respondent nos. 1 & 2 : Mrs. P.J. Bharad Advocate for Respondent nos. 3 & 4 : Mr. Deshbhushan Madkar h/f Mr. D.S. Manorkar ...

941 WRIT PETITION NO. 7877 OF 2020 Hanuman s/o Laxman Rechode, Age 53 years, occ. Service, R/o. Madalmohi, Tq. Georai, Dist. Beed ... Petitioner

VERSUS

1) The State of Maharashtra 2) The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, 1/3

Through its Dy. Director (R) Aurangabad.

3) The Divisional Controller Maharashtra State Road Transport Corporation Beed, Tq. & Dist. Beed ... Respondents ...

Advocate for the Petitioner : Mr. Sunil M Vibhute AGP for Respondent nos. 1 & 2 : Mrs.P. J. Bharad Advocate for Respondent no. 3 : Mr. Anilkumar B. Dhongade ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 17.12.2024 PER COURT : ( PRAFULLA S. KHUBALKAR , J.) Heard both the sides finally.

2.

The petitioners have challenged the order dated 12.11.2020 passed by respondent no. 2-committee, invalidating their caste claims of 'Koli Mahadev' scheduled tribe. The impugned order is a common order in the matter of Komal Hanuman Rechode, and the petitioners, Hanuman Laxman Rechode and Ashok Laxman Rechode.

3.

The impugned order was subject matter of challenge in Writ Petition No. 7656/2024, which was filed by Komal Hanuman Rechode and by the order dated 20.08.2024, the writ petition was partly allowed, thereby directing respondent no. 2 -scrutiny committee to issue validity certificate. 4.

It is stated that in another Writ Petition No. 4150/2002, filed by Sarika Sarjerao Rechode stated to be related to the petitioners, this Court has passed an order dated 13.10.2011 grating her validity without any condition. It is informed by the learned A.G.P. that the committee has proposed to file a review application in respect of the order. While deciding 2/3

Writ Petition No. 7656/2024, this Court directed issuance of validity certificate to Komal subject to the outcome of the review application, which was proposed to be filed in the matter of Sarika. 5.

In view of this order, the instant writ petitions will also have to be allowed. Hence following order:

A) The Writ Petitions are partly allowed.

B) The impugned judgment and order is quashed and set aside. Respondent no. 2-committee is directed to immediately issue validity certificates to the petitioners of 'Koli Mahadev' scheduled tribe, which shall be issued subject to the outcome of a review application, which is proposed to be filed in the matter of Sarika.

C) The petitioners shall not be entitled to claim equities. ( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 3/3