Samarth Jijabrao Wagh v. The State Of Maharashtra And Others

1 6-WP11944-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11944 OF 2019 Samarth Jijabarao Wagh .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Mr. M. A. Golegaonkar, Advocate for Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondents-State. CORAM :

S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATED : 01st OCTOBER, 2019.

PER COURT:- 1.

The tribe claim of the petitioner is invalidated. 2.

We have heard Mr. Golegaonkar, learned Counsel for the petitioner and Mr. Patil, learned Addl. G. P. for the respondents. 3.

Mr. Golegaonkar, learned Counsel submits that under the impugned judgment, claims of the present petitioner and his real brother Siddhant, son of Jijabarao Wagh were invalidated. Siddhant, son of Jijabarao Wagh filed Writ Petition bearing No. 9045 of 2019 before the Principal Seat at Bombay against the very same impugned judgment . The Writ Petition is allowed and direction is given to the committee to issue validity certificate of 'Thakur' Scheduled Tribe to Siddhant, son of Jijabarao Wagh.

2 6-WP11944-19.doc 4.

The present petitioner is also assailing the same judgment that was assailed by Siddhant, son of Jijabarao Wagh in Writ Petition No. 9045 of 2019.

5.

In the light of the above, as the impugned judgment dated 15.07.2019 is already quashed and set aside by the Principal Seat at Bombay and for the reasons recorded by the Division Bench of this Court in Writ Petition No. 9045 of 2019 dated 20.08.2019, the present writ petition is also allowed in the same terms.

6.

The impugned judgment is quashed and set aside. The respondents shall issue validity certificate to the petitioner of 'Thakur' Scheduled Tribe. No costs.

( ANIL S. KILOR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.