Madhuri Baburao Tayde And Another v. The State Of Maharashtra And Others

9-WP-10815-19OO.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10815 OF 2019 Madhuri Baburao Tayde and Another ..PETITIONERS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. Pratap V. Jadhavar, Advocate for petitioners Mrs. G.L. Deshpande, A.G.P. for respondent - State ....

CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATED : 21st DECEMBER, 2020 OPERATIVE ORDER :

Impugned order dated 21st August, 2019 passed by Respondent No.2 Scrutiny Committee is quashed and set aside. Respondent No.2 Committee is directed to forthwith issue requisite validity certificates to the petitioners of being 'Koli Malhar' Scheduled Tribe forthwith, which would be subject to decision, in proceedings if are reopened in case of any validity holder relied on by petitioners, as it is stated that validity holder's tribe claims are being re-investigated. If the proceeding for cancellation of caste validity holders are answered against such certificate holders, it shall be open for the respondent committee to issue show cause notice to the petitioners as to why the validity certificate granted to the petitioners should not be cancelled and it will be open for the committee to take those proceeding to its logical end. 1 / 2

9-WP-10815-19OO.odt Needless to say that the certificate issued to the petitioners is subject to the outcome of the proceeding for cancellation of validity issued in favour of his blood relations.

( R.G. AVACHAT, J. ) ( SUNIL P. DESHMUKH, J. ) SSD 2 / 2