Himanshu Sudam Banate And Another v. The State Of Maharashtra And Others

1081.WP-315-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 315 OF 2021

1. Himanshu s/o Sudam Banate

2. Ashutosh s/o Sudam Banate ... Petitioners

Versus

The State of Maharashtra and Others ... Respondents ...

Advocate for Petitioner : Mr. Deepak Choudhari AGP for Respondent No.1 and 2/State : Mr. S. G. Sangale Advocate for Respondent No.3 & 4 : Ms. Sudha Chintamani ...

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

DATE : 10 AUGUST 2023.

PER COURT :

For the reasons recorded separately, following operative order is passed :

OPERATIVE ORDER (i) The writ petition is partly allowed.

(ii) The impugned order dated 04.12.2020 passed by the respondent no.2/Scrutiny Committee is quashed and set aside. (iii) The Committee shall immediately issue tribe validity certificates to the petitioners as belonging to 'Koli Mahadev' scheduled tribe, which shall be subject to the decision to be taken by the Committee in the matters which it intends to reopen in respect of the validity holders.

1081.WP-315-2021.doc (iv) The petitioners shall not be entitled to claim equities. [ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb...