Shamrao Iranna Shahu v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:27069-DB wp11125.24 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 WRIT PETITION NO. 11125 OF 2024 Shamrao Iranna Shahu

VERSUS

The State of Maharashtra and others ...

Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents: Mrs. V.N. Patil Jadhav .....

CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATED : 18 NOVEMBER 2024 PER COURT :- The learned A.G.P. waives service for respondent Nos. 3 and 4 also.

2.

We have heard both the sides.

3.

The petitioner is challenging the order of respondent No.2 scrutiny committee in a proceeding under Section 7 of the Maharashtra Act No.XXIII of 2001, dated 16.7.2024, refusing to validate his 'Mannervarlu' scheduled tribe certificate. 4.

It is being pointed out that, in fact, the impugned order was a common order in the matter of the petitioner and his blood relative Prachi Sainath Shahu. She had challenged the said decision of the committee in writ petition No. 8637 of 2024. By an order dated 27.8.2024, for the reasons recorded therein, the petition was allowed

wp11125.24 -2partly and she was directed to be issued with a certificate of validity. It was made subject to the final outcome of the matters which the committee has decided to re-open in respect of the validity holders. 5.

Since the impugned order to the extent of other claimant Prachi Sainath Shahu has already been quashed and set aside, it being a common order, no different view is possible. For the same reasons, as have been recorded in Parchi's matter, even the present writ petition is allowed partly.

6.

The impugned order is quashed and set aside to the extent of the petitioner.

7.

The respondent - committee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Mannervarlu' scheduled tribe in the prescribed format. 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. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) rlj/