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Bombay High CourtWP/10925/2024disposed off

Revanth Sainath Irlod Through Poa Sainath Narshimalu Irlod v. The State Of Maharashtra Through Its Secretary And Another

2024-10-04Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:23907-DB 1 927.WP-10925-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10925 OF 2024 REVANTH SAINATH IRLOD THROUGH POA SAINATH NARSHIMALU IRLOD

VERSUS

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

Advocate for Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents/State : Mr. S.P. Joshi ...

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

DATE : 04 OCTOBER 2024 PER COURT :

.

Heard both the sides finally at the stage of admission. 2.

The petitioner is taking exception to the impugned judgment and order of the respondent no.2/Committee, refusing to validate her Mannervarlu scheduled tribe certificate.

3.

It transpires that petitioner's father and first degree cousin - Ankita Ashok Irlod possess certificates of validity, apart from distant cousins Shital Sahebrao and Rajeshree Sahebrao. Pertinently Ankita was held entitled to have a validity pursuant to the order passed by us in Writ Petition No.6695/2023 dated 07.08.2023. 4.

Perusal of the impugned judgment reveals that petitioner was

2 927.WP-10925-2024.doc permitted to adopt response filed by Ankita to the vigilance inquiry report in her matter and no separate inquiry was conducted in petitioner's matter.

5.

This being so, when the same record was considered by the Committee and even by us while considering Ankita's request for grant of a validity certificate, it would be redundant to resort to another inquiry, the evidence being the same. 6.

For the selfsame reasons which we have recorded in the matter of Ankita, the writ petition is allowed partly. The impugned order is quashed and set aside.

7.

The Committee shall issue validity certificate to the petitioner as belonging to Mannervarlu scheduled tribe which shall be coterminus with the other validity holders. [ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..