Narendra Dinkar Patil And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:29885-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO. 9552 OF 2013 WITH CIVIL APPLICATION NO. 13068 OF 2024 IN WP/9552/2013

1. NARENDRA DINKAR PATIL

2. HEMANT DINKAR PATIL

VERSUS

1. THE STATE OF MAHARASHTRA, THROUGH SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT

2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, NANDURBAR

3. THE WORKS MANAGER (ADMINISTRATION), PUNE ....

Mr M. V. Thorat, Advocate for petitioners /applicants Mr M. K. Goyanka, A.G.P. for respondent No.1 Mr A. G. Talhar, DSGI for respondent No.3 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 13th December, 2024 PER COURT:

1.

Heard the learned advocate for the petitioners/applicants, learned A.G.P. for respondent No.1 and learned Standing Counsel for respondent No.3.

2.

By way of this writ petition, the petitioners have been taking exception to the common judgment and order dated 04/10/2013,

(2) passed by respondent No.2/Caste Scrutiny Committee, whereby a common order refuted their 'Tokare Koli' Scheduled Tribe certificates and directed confiscation and cancellation of their certificates. 3.

During pendency of this writ petition, the petitioners submitted a civil application inter alia pointing out that during pendency of the petition, petitioner's real brother Ramakant and Ramakant's son Arnav have been granted certificates of validity by the Committee.

4.

On the last date, we had requested the learned A.G.P. to confirm if the certificates are genuine. Today he informs on verification that indeed the certificates of validity at Page Nos.48 and 49 of the civil application are genuine.

5.

Once having confirmed that petitioner's real brother Ramakant and his son Arnav have been subsequently issued with certificates of validity, there remains nothing to be decided in the petition on merits.

6.

The writ petition is allowed. The impugned order is quashed and set aside. Respondent No.2/Caste Scrutiny Committee shall forthwith issue certificates of validity to both the petitioners.

(3) 7.

Pending civil application also stands disposed of. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk