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Bombay High CourtWP/9958/2024disposed off

Abhijit Nagorao Koneri v. The State Of Maharashtra Through Its Secretary And Another

2024-09-12Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:21453-DB 1 901.WP-9958-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9958 OF 2024 ABHIJIT NAGORAO KONERI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. Thorat Chandrakant R. Addl.GP for Respondents/State : Mr. P.S. Patil ...

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

DATE : 12 SEPTEMBER 2024 PER COURT :

.

The petitioner is challenging the order of invalidation passed by the respondent no.2/Scrutiny Committee. Considering the exigency, the petition has been heard finally at the stage of admission.

2.

As mentioned in the petition itself, the petitioner is banking upon several validities in the family, including that of his brother Amit Nagorao Koneri.

3.

Incidentally, the list also contains the names of three individuals stated to be petitioner's cousin brothers who have been issued with certificates of validity pursuant to the orders of this Court in their respective petitions.

2 901.WP-9958-2024.doc 4.

In the light of above, the petitioner is ready to face the consequences contemplated in the matter of Shweta Balaji Isankar Vs. the State of Maharashtra and Others, in Writ Petition No.5611/2018, the petitioner cannot be discriminated against. 5.

The writ petition is allowed partly.

6.

The impugned order dated 06.09.2024 passed by the respondent no.2/Scrutiny Committee is quashed and set aside. 7.

The Scrutiny Committee shall immediately issue a certificate of validity to the petitioner as belonging to 'Mannervarlu' scheduled tribe in the prescribed format without adding anything. The validity shall be subject to the final outcome of the matters which the Committee has decided to re-open.

8.

The petitioner shall not be entitled to claim equities. 9.

The order is dictated in the open Court in presence of learned AGP who shall immediately inform about the order to the Scrutiny Committee which shall forthwith issue the certificate of validity to the petitioner.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..