Deepak Iresh Karhade And Others v. The State Of Maharashtra Through Its Secretary And Another
2024:BHC-AUG:19101-DB 1 wp 8553.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 8553 OF 2024 1.
Deepak Iresh Karhade 2.
Shubham Subhash Krhade 3.
Vidyadhar Ramlu Karhade .. Petitioners
Versus
The State of Maharashtra and another .. Respondents Shri Omgashad B. Boinwad, Advocate for the Petitioners. Shri V. M. Chate, A.G.P. for the Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.
DATE : 22 AUGUST, 2024.
FINAL ORDER :
.
Heard. Petitioners are challenging the order of the respondent No. 2/Scrutiny Committee in a proceeding U/Sec. 7 of the Maharashtra Act No. XXIII of 2001 refusing to validate their 'Mannervarlu' scheduled tribe certificates.
2.
We have heard both the sides finally at the admission stage.
2.
Both the sides are unanimous that there are several validities in the family as has been indicated in the impugned order as well. One of which Ajay Sayanna Karhade was granted certificate of validity pursuant to order of this Court.
2 wp 8553.24 3.
Learned advocate for the petitioners submits that considering exigency, the petitioners are ready to run the risk of facing consequences as contemplated in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others judgment dated 27 July 2018 in W. P. No. 5611 of 2018 and are ready to accept the certificates of validity subject to the condition as was imposed in the matter of Ajay Sayanna Karhade.
4.
The writ petition is allowed partly. Impugned order dated 30.07.2024 passed by the respondent No. 2/Scrutiny Committee is quashed and set aside. The petitioners shall be issued with the certificates of validity of 'Mannervarlu' scheduled tribe, whose validity would be co-terminus with the matters of the validity holders which the Committee has decided to reopen. The petitioners shall not be entitled to claim equities. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 24