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Bombay High CourtWP/201/2021disposed off

Ganpat Nivruti Nagdarwad v. The State Of Maharashtra And Others

2024-08-01Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:16518-DB 1 WP / 201 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1010 WRIT PETITION NO. 201 OF 2021 GANPAT NIVRUTI NAGDARWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for petitioner : Mr. O.B. Boinwad AGP for the respondent - State : Mr. P.P. Dawalkar ...

CORAM

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

DATE : 01 AUGUST 2024 ORAL ORDER (MANGESH S. PATIL, J.) :

Petitioner is challenging the order of invalidation dated 21-11-2020 whereby his claim and that of his son Vaibhav for verification of their respective tribe certificates, were dismissed by the common judgment and order.

2.

In writ petition no. 8142 of 2020 by the order dated 16-12-2020, this Court had in the matter of Vaibhav, quashed and set aside the impugned judgment and order and directed a certificate of validity to be issued to him, subject to condition. 3.

When the selfsame judgment and order which is under challenge in this petition has already undergone a scrutiny by a coordinate division bench, the propriety demands that even the present petition is allowed for the same reasons.

2 WP / 201 / 2021 4.

Writ petition is allowed.

5.

Impugned judgment and order to the extent of the petitioner is also quashed and set aside for the reasons mentioned in the matter of petitioner - son Vaibhav Ganpat Nagdarwad vide order dated 16-12-2020.

6.

The committee shall issue certificate of validity to the petitioner. The validity would be subject to the final outcome of the matter which the committee has decided to re-open. 7.

Petitioner shall not claim equities.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/