Pravin Anantrao Anmod v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:12833-DB 1 WP / 5118 / 2024 +

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 5118 OF 2024 SNEHA MAHESHWAR ANMOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 913 WRIT PETITION NO. 5140 OF 2024 PRAVIN ANANTRAO ANMOD

VERSUS

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

Advocate for petitioner in both WPs : Mr. Apparao P. Yenegure AGP for the respondent - State : Mr. S.P. Joshi ...

CORAM

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

DATE : 2 JULY 2024 ORDER (MANGESH S. PATIL, J.) :

These are the petitioners challenging the selfsame order passed by respondent - scrutiny committee on confiscation and cancellation of Mannervarlu scheduled tribe certificates in a proceeding under section 7 of the Maharashtra Act No. XXIII of 2021. 2.

We have heard both the sides.

3.

It is a matter of record that the impugned judgment and order is a common order in respect of all the individuals to the extent of one Ankita Balaji Anmod, Nikita Balaji Anmod and Akshay Balaji Anmod

2 WP / 5118 / 2024 + in writ petition no. 930 of 2023, 955 of 2023 and 957 of 2023. By that common judgment and order dated 31-08-2023, we had allowed the writ petitions partly and directed three of them to be issued with the tribe validity certificates. Validity was made subject to the final outcome of the matter/s which the committee had decided to re-open. 4.

Since these petitioners' claims were also invalidated by the selfsame common judgment and order, discipline and propriety demands that for the selfsame reasons as we have recorded in the matters of Ankita and two others, even these petitions deserve to be allowed.

5.

In the result, the following order :- I) Writ petitions are allowed partly.

II) Impugned orders even to the extent of the present petitioners are quashed and set aside.

III) The respondent - committee shall immediately issue the tribe validity certificates to the petitioners as belonging to 'Mannervarlu' scheduled tribe in the prescribed format without incorporating anything. The validities shall be subject to the final outcome of the matters which the committee has decided to re-open.

3 WP / 5118 / 2024 + IV) The petitioners and their relations shall co-operate the committee in early decision of the re-opened matters. V) The petitioners shall not be entitled to claim equities. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/