Abhay Marutirao Chilkawar v. The State Of Maharashtra And Others

W.P. 8433-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 8433 OF 2020 Abhay s/o Marutirao Chilkawar .. Petitioners

Versus

The State of Maharashtra and anr.

.. Respondents Mr S.M. Vibhute, Advocate h/f Mr M.C. Swami, Advocate for petitioners Mr S.G. Karlekar, A.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 18th December 2020 PER COURT :

1.

The caste claim of the petitioner as Mannervarlu - Scheduled Tribe is invalidated under order dated 15.2.2020.

2.

The Committee, by a common judgment invalidated the tribe claim of the present petitioner and his real sister Deepali. Kum. Deepali had filed Writ Petition No. 7276 of 2020. This Court under judgment and order dated 6.11.2020 allowed the Writ Petition and granted conditional validity to the petitioner therein i.e. Kum. Deepali.

3.

As the impugned judgment is a common judgment in case of present petitioner and Kum. Deepali, for the reasons stated in the judgment dated 6.11.2020 in Writ Petition No. 7276 of 2020, we pass the following order : - ORDER - A.

The impugned judgment is quashed and set aside. B.

The Committee shall issue validity certificate to the petitioner as belonging to Mannervalu, Scheduled Tribe.

W.P. 8433-2020 C.

The said validity certificate would be subject to the decision that would be taken by the Committee in the proceedings that may be re-opened of the validity holders relied by the petitioner.

4.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr