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Bombay High CourtWP/10466/2019disposed off

Dharmaji Maroti Singanwad v. The State Of Maharashtra And Others

2023-07-28Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

1034.WP.10720.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10720 OF 2019 Aresh Ashok Singanwad ...

PETITIONER

VERSUS

1.

The State of Maharashtra through Principal Secretary, Tribal Department Mantralaya Mumbai - 32 2.

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Plot No.10, E-9, Opposite CIDCO Bus stand, Town Center, Aurangabad Dist. Aurangabad through its Member Secretary 3.

Janta High School, Naigaon Tq. Naigaon Dist. Nanded through its Principal ...

RESPONDENTS ...

Advocate for Petitioner : Mr. Sagar S. Phatale AGP for Respondent/State : Mr. P.S. Patil Advocate for Respondent No.2 : Mr. G.J. Kore ...

AND WRIT PETITION NO.10466 OF 2019 Dharmaji Maroti Singanwad ...

PETITIONER

VERSUS

1.

The State of Maharashtra through Principal Secretary, Tribal Department Mantralaya Mumbai - 32 2.

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Plot No.10, E-9, Opposite CIDCO Bus stand, Town Center, Aurangabad Dist. Aurangabad through its Member Secretary 3.

Maharashtra State Road Transport Corporation, Parbhani through its Divisional Controller ...

RESPONDENTS 1/2

1034.WP.10720.19.odt ...

Advocate for Petitioner : Mr. Sagar S. Phatale AGP for Respondent/State : Mr. P.S. Patil Advocate for Respondent No.3 : Mr. A.B. Dhongade ...

CORAM

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

DATE : 28.07.2023 PER COURT :

A common order passed in the matter of present petitioners and one Sanket Bharat Singanwad was put to challenge by Sanket in Writ Petition No.8831/2011. By the order dated 31.07.2019 after considering all the aspects this Court had allowed the writ petition and had directed the Committee to issue validity certificate to Sanket and its validity was made subject to the decision to be taken in the matters of validity holders which were to be reopened.

2.

Since these petitioners are putting up a challenge to the selfsame common order of the Scrutiny Committee, we being a subsequent coordinate bench cannot once again sit over and examine legality of the selfsame order which has already suffered our order in the matter of Sanket. 3.

Both the writ petitions are partly allowed. The impugned order is quashed and set aside even to the extent of the present petitioners. The Committee shall issue validity certificates to them of "Mannervarlu" tribe immediately. Their validity shall be subject to the outcome of the matters to be reopened by the Committee of the validity holders. The petitioners shall not be entitled to claim equities.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2