Vaishnvai Sanjaykumar Sarge v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12846 OF 2021 Vaishnvai Sanjaykumar Sarge .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

24TH NOVEMBER, 2021.

FINAL ORDER :

.

The tribe claim of the petitioner as belonging to "Koli Mahadev" (Scheduled Tribe) is invalidated.

2.

Mr. Vibhute, the learned counsel for the petitioner submits that, the tribe claim of the real brother of the petitioner namely Rohit was also invalidated. He filed Writ Petition No. 9057 of 2019. The Division Bench of this Court under order dated 15.01.2021 has allowed the said writ petition. The same vigilance report is also relied in the present matter. The father of the petitioner is also issued with the validity certificate. 3.

The learned Assistant Government Pleader for respondents/State submits that, in the school record of the some of the relatives of the petitioner tribe is recorded as Koli. There

2 wp 12846.21 are interpolations.

4.

The relationship is not disputed between the petitioner and said Rohit that of real brother and sister. In view of the order dated 15.01.2021 in Writ Petition No. 9057 of 2019 filed by the real brother of the petitioner Rohit, we adopt the same view and follow the same course.

5.

The Committee shall issue validity certificate of 'Koli Mahadev' (S.T.) to the petitioner. The said validity shall be subject to the decision that would be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioner.

6.

In the light of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Nov.21