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Bombay High CourtWP/9653/2024disposed off

Pritee Shivajirao Nagamwad And Another v. The State Of Maharashtra Through Its Secretary And Another

2024-10-08Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:24345-DB 1 wp 9653.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9653 OF 2024 1.

Pritee Shivajirao Nagamwad 2.

Krusha Shivajirao Nagamwad .. Petitioners

Versus

The State of Maharashtra and another .. Respondents Shri Chandrakant R. Thorat, Advocate for the Petitioners. Mrs. Vaishali N. Jadhav Patil, A.G.P. for the Respondent Nos. 1 and 2.

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

DATE : 08 OCTOBER 2024.

FINAL ORDER :

.

The petitioners are challenging common judgment and order dated 19 July 2024 passed by the respondent No. 2/Scrutiny Committee, whereby the Committee has refused to validate their 'Mannervarlu' scheduled tribe certificates. 2.

We have heard both the sides finally.

3.

As can be seen, the impugned order was common order in the matter of present petitioners and one Yogesh Vitthalrao Nagamwad, real uncle of the petitioners. In Writ Petition No. 9608 of 2024 by the judgment and order dated 26 September 2024, this Court has quashed and set aside the self same

2 wp 9653.24 judgment to the extent of Yogesh.

4.

Since it is a common judgment and order, there cannot be a different view by a coordinate bench. For the self same reasons as has been recorded in the matter of Yogesh, the impugned judgment and order is quashed and set aside to the extent of petitioners also.

5.

The writ petition is allowed partly. The impugned judgment and order dated 19.07.2024 passed by the respondent No. 2/Scrutiny Committee is quashed and set aside. The respondent No. 2/Scrutiny Committee shall issue validity certificates to the petitioners as belonging to 'Mannervarlu' scheduled tribe immediately in prescribed proforma. The validity certificate of the petitioners shall be subject to outcome of reverification undertaken by the committee of the validity holders. The petitioners shall not be entitled to claim equities. [SHAILESH P. BRAHME J.] [MANGESH S. PATIL, J.] bsb/Oct. 24