Nachiket Arvind Sudewad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1022 WRIT PETITION NO. 9364 OF 2019 NACHIKET ARVIND SUDEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Thorat Chandrakant R. AGP for Respondent Nos. 1 & 3 : Mrs. M.A. Deshpande Advocate for Respondent No. 2 : Mr. Karlekar AND 1022 WRIT PETITION NO. 9384 OF 2019 PRIYA POCHIRAM SUDEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. Thorat Chandrakant R. AGP for Respondent Nos. 1 to 4 : Mr. P.S. Patil Advocate for Respondent No. 4 : Ms. Angha Deshmukh ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 07 JULY 2023 PC :

Heard.

2.

Learned Advocate for the petitioners in both these petitions and the learned AGP.

3.

The petitioners are before us aggrieved by a common order passed by the Scrutiny Committee, refuting their claims as belonging to 'Mannervarlu' scheduled tribe.

4.

In fact, it was a common judgment and order in the matters of three individuals, the present petitioners and one Gangaram Arvind Sudewad who happens to be real brother of petitioner Nachiket. Going by the genealogy and the reasoning recorded in the impugned order, there is no dispute about they being the blood relatives inter se from the paternal side.

5.

Perhaps because of the exigency, Gangaram's petition bearing Writ Petition No. 9354 of 2019, was decided by this Court on 14 October 2020, and for the reasons recorded therein, a conditional validity was granted to him.

6.

When in fact it was the common order of the Scrutiny Committee in the matters of all these three individuals, in our considered view once the co-ordinate bench of this Court has decided the matter and has examined the legality of the self same order, we are bound by the reasoning recorded by the bench. We also pass the same order for the reasons recorded therein.

7.

The Writ Petitions are partly allowed. Impugned order dated 18 July 2019, is quash and set aside, even to the extent of the present petitioners. Respondent no.3 shall forthwith issue validity certificates to the petitioners as belonging to 'Mannervarlu' scheduled tribe within a period of one week from today. The certificates would be subject to the outcome of the proceeding to be reopened by the Scrutiny Committee.

The petitioners shall not be entitled to claim equities. It would be imperative for the petitioners and their relatives to co-operate with the Scrutiny Committee in early decision of reopened matters. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE spc/