Manoj Manik Bodhgire v. The State Of Maharashtra And Others

938.wp.9503.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9503 OF 2019 Manoj s/o Manik Bodhgire ...

PETITIONER

VERSUS

1.

The State of Maharashtra through Secretary Tribal Development Department, Mantralaya, Mumbai.

2.

The Scheduled Tribe Certificate Scrutiny Committee Aurangabad Divisional Plot No.10, Sector E-1, Near Saint Lawrence High School, Opp. CIDCO Bus Stand, Aurangabad 3.

The Sub Divisional Officer Office of SDO, Kandhar District Nanded 4.

The Collector Collectorate Nanded ...

RESPONDENTS ...

Advocate for Petitioner : Mr. M.A. Golegaonkar AGP for Respondent/State : Mr. S.G. Sangale ...

CORAM

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

DATE : 29.08.2023 PER COURT :

We have heard both the sides finally. The petitioner is challenging the order of invalidation passed by the respondent - Scrutiny Committee on 13.07.2019.

2.

It transpires that it was a common order of the Committee in the matter of three individuals, the present petitioner, one Mayuri Manikrao 1/2

938.wp.9503.19.odt Bodhgire that is his real sister and one Manik Kashiram Bodhgire, their father in Writ Petition No.9058/2019 by the order dated 22.08.2019. Mayuri's challenge to the selfsame order was sustained before this Court which directed a certificate of validity to be issued to her which was made subject to the decision to be taken by the Committee in respect of the matters which it had intended to reopen concerning the cousin paternal uncles Rajiv Bhujanga Bodhgire and Kailash Shivajirao Bodhgire. 3.

Since this is a petition challenging the selfsame order, the propriety demands that we follow the same course for the reasons recorded in that order.

4.

The writ petition is partly allowed. The impugned order is quashed and set aside even to the extent of the petitioner Manoj. The Committee shall immediately issue a certificate of validity to the petitioner of 'Mannervarlu' scheduled tribe which shall be subject to the final out come of the matter which the Committee has reopened. 5.

The petitioner shall not be entitled to claim any equities ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2