Srujana Ramloo Nallamadge And Another v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:23889-DB 1 wp 10554.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10554 OF 2024 Srujana Ramloo Nallamadge and another.. Petitioners

Versus

The State of Maharashtra and another .. Respondents WITH WRIT PETITION NO. 10557 OF 2024 Gajeshwari Ramesh Nallamadge Through Power of Attorney Pawan Narayan Jangilwar .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioners in both matters.

Shri R. S. Wani, A.G.P. for the Respondent Nos. 1 and 2 in both matters.

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

DATE : 04 OCTOBER 2024.

FINAL ORDER (Per Shailesh P. Brahme, J.) :- .

Heard both the sides finally considering exigency in the matter.

2.

The petitioners are challenging distinct judgment and order dated 19.09.2024 passed by the respondent No. 2/Scrutiny

2 wp 10554.24 Committee thereby confiscating and invalidating the tribe certificates of the petitioners as belonging to 'Mannervarlu' scheduled tribe.

3.

The learned counsel for the petitioners refers to the various orders passed by the High Court, which are placed on record indicating granting of validities to the close blood relatives of the petitioners.

4.

The learned Assistant Government Pleader supports the impugned judgment and order. He would submit that the validity certificates are rightly discarded by the Committee. The Committee has proposed reverification of the earlier validities. Therefore, this is not a fit case to grant any discretionary relief to the petitioners.

5.

We have considered submissions of the parties. We have also gone through genealogy, which indicates that there are many validity holders in the family of the petitioners. It reveals from record that Sushma Saibaba Nallamadge was issued with the validity certificate in pursuance of order passed by the High Court in Writ Petition No. 7511 of 2018. Thereafter Sushant Saibaba Nallamadge was also issued with the validity certificate pursuant to the order passed by the High Court in Writ Petition No. 12054 of 2018. Gajanan Ramesh Nallamadge was issued with the validity certificate in pursuance to the order passed by the High Court in Writ Petition No. 9738 of 2018 and Sowjanya

3 wp 10554.24 Saibaba Nallamadge was issued with the validity certificate in pursuance of order passed by the High Court in Writ Petition No. 8861 of 2019. These petitioners can be traced in the genealogy. The self same record has already been verified on number of occasions.

6.

The validity certificates were issued to the close relatives of the petitioners conditionally. The petitioners are ready to run the risk of facing consequences as contemplated in the matter of Shweta Balaji Isankar Vs. The State of Maharashtra and others judgment dated 27 July 2018 in W. P. No. 5611 of 2018.

7.

Considering the material on record, it is desirable to issue validity certificates to the petitioners. We, therefore, pass following order.

O R D E R

a.

The writ petitions are partly allowed.

b.

The impugned judgments and orders dated 19.09.2024 passed by the respondent No. 2/Scrutiny Committee are quashed and set aside.

c.

The respondent No. 2/Scrutiny Committee shall issue caste validity certificates to the petitioners as belonging to 'Mannervarlu' Scheduled Tribe immediately in the prescribed

4 wp 10554.24 proforma.

d.

The validity certificates of the petitioners shall be subject to outcome of the reverification undertaken by the respondent/Scrutiny Committee of the validity holder. e.

The petitioners shall not be entitled to claim equities. [SHAILESH P. BRAHME J.] [MANGESH S. PATIL, J.] bsb/Oct. 24