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Bombay High CourtWP/3868/2020disposed off

Shruti Babasaheb Gurle Through Father Babasaheb Vishwanathrao Gurle v. The State Of Maharashtra And Another

2022-01-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

906WP3868

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO. 3868 OF 2020 SHRUTI BABASAHEB GURLE THROUGH FATHER BABASAHEB VISHWANATHRAO GURLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Petitioner : Mr. S.M. Vibhute AGP for Respondent - State : Mr. S.K. Tambe CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.

DATE : 20TH JANUARY, 2022 PER COURT :

The caste claim of the petitioner is invalidated under judgment and order dated 01.08.2019, by the Scrutiny Committee. The caste claims of three persons i.e. the present petitioner, Kum. Tejaswini Suresh Gurle and Shri Krishna Gangadhar Gurle are invalidated by common judgment.

2.

Tejaswini Suresh Gurle challenged the said judgment by filing Writ Petition No. 9076/2019 before the Principle Seat at Bombay. The Division Bench of this Court at Principal Seat at Bombay under the judgment and order dated 20.08.2019, directed the committee to issue validity certificate to Tejaswini. Similarly, the caste claim of the real sister of the petitioner - Shubhangi was also invalidated by

906WP3868 separate judgment. She filed Writ Petition No. 7520/2018, before the Principle Seat at Bombay. The Division Bench of this Court at Principle Seat at Bombay, under the judgment and order dated 23.07.2018, allowed the Writ Petition directing the Committee to issue validity certificate to Shubhangi of '

Mannervarlu' Scheduled Tribe.

3.

The relationship is not disputed. The factual matrix as narrated above are also not disputed.

4.

In view of that, we follow the same course and pass following order.

5.

The Committee shall issue validity certificate to the petitioner of 'Mannervarlu' Scheduled Tribe. The said validity certificate shall be subject to the decision that would be taken by the committee in the proceedings reopened of the validity holders relied by the petitioner.

5.

Writ Petition is disposed of. No costs.

( S.G. DIGE, J. ) ( S.V. GANGAPURWALA, J. ) S.P.C.