Dhondiba Manikrao Ghorpade v. The State Of Maharashtra And Others

2024:BHC-AUG:30511-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO. 11778 OF 2019 DHONDIBA MANIKRAO GHORPADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Vibhute Sunil M., Advocate for the Petitioner. Mr. V. N. Patil-Jadhav, AGP for Respondents/State. ...

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

DATE : 18th December, 2024 Per Court :- A common order, in the matter of father and two sons, is the subject matter before this Court at the instance of father. The sons have already succeeded in their challenge to the said judgement and order, which has been quashed and set aside to their extent in their respective Writ Petitions bearing No.11816 of 2019 and 11812 of 2019, decided on 31st August 2023.

2.

No independent decision can be rendered in the

*2* present matter. For the reasons this Court has recorded in the matter of two sons of the Petitioner, even this Petition is partly allowed. Hence, the following order:-

ORDER

A.

The writ petition is partly allowed.

B.

The impugned judgment and order dated 18/09/2019 passed by the respondent No.2/Committee to the extent of the petitioner is quashed and set aside. C.

The respondent No.2/committee shall issue validity certificates to the petitioners as belonging to 'Koli Mahadev' (Scheduled Tribe) immediately in prescribed format without incorporating any condition which shall be coterminous with which the the committee has decided to re-open.

D.

These validity certificate shall be subject to the outcome of the reverification of the validity certificate undertaken by the committee.

*3* E.

The petitioner shall not claim any equities.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) AGNarwade