Bombay High CourtWP/9786/2010disposed offdismissed for default

Pratibha Maganrao Ahire v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Member Secrtary And ORS

2017-08-04Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.:6350 OF 2010 Ganesh Magan Ahire

VERSUS

Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Member Secretary *** WITH WRIT PETITION NO.:9771 OF 2010 Pramila Maganrao Ahire

VERSUS

Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Member Secrtary *** WITH WRIT PETITION NO.:9786 OF 2010 Pratibha Maganrao Ahire

VERSUS

Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Member Secrtary *** Mr. Deshmukh Mahes S., Advocate for the Petitioners. Mr.P.S.Patil, A.G.P. for the Respondent/State Authorities. *** CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE :- 04th August, 2017 P.C.:

These petitions were placed for passing orders only because Mr.P.S.Patil, learned AGP, desired to verify from the original records as to whether, the Petitioners can rely upon the Certificate of Validity issued to

*2* 902wp6350o10grp Hemant Raghunath Ahire. Whether, the present Petitioners are cousin of the said Hemant Ahire from the paternal side or otherwise. As far as Writ Petition No.6350/2010 is concerned, it is not disputed that Hemant Ahire is cousin from paternal side of the Petitioner (Ganesh Magan Ahire). In these circumstances, the judgment passed by us on 24.07.2017 in Writ Petition No.4575/2012 (Poonam Omprakash Rathod vs. The Scheduled Tribe Certificate Scrutiny Committee and others) would cover the issue raised in the present petition. For the reasons set out in that judgment, this Writ Petition is also allowed with the similar directions. The impugned order of the Scrutiny Committee is set aside. The certificate of validity be issued to the Petitioner. The other two petitions, namely, Writ Petition Nos.

9771/2010 and 9786/2010 are pertaining to the same claim of "Thakur", Scheduled Tribe. The Petitioners in these two petitions are the real sisters of Ganesh Ahire and also cousin sisters of Hemant Ahire from paternal side. Hence, these two petitions shall also stand disposed of in the light of the judgment in Writ Petition No.4575/2012. Similar directions shall follow. The original records and proceedings be returned. kps (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)