Dattatray Baburao Shinde v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:24551-DB 941.WP.11284.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11284 OF 2024 DATTATRAY BABURAO SHINDE

VERSUS

1. THE STATE OF MAHARASHTRA DEPARTMENT OF TRIBAL DEVELOPMENT MANTRALAYA, MUMBAI - 32 THR. ITS SECRETARY

2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, KINWAT, HQ. CHH. SAMBHAJINAGAR THR. ITS MEMBER SECRETARY ...

Advocate for the Petitioner : Mr. Yeramwar Sushant C. AGP for Respondents: Mrs. S.S. Joshi ...

CORAM

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

DATE : 09.10.2024 PER COURT:

Heard.

2.

Issue notice to the respondents for final disposal. Learned AGP waives service for the respondents.

3.

We have heard both the sides finally.

4.

It is being pointed out that a common vigilance inquiry was conducted in the matter of six individuals including the present petitioner and by the order dated 24.09.2024 the petitioner plus two others claims were discarded by the Committee.

5.

Aggrieved by the similar invalidation, the three individuals 1/2

941.WP.11284.24.odt Shreyash Nangnath Shinde plus two had challenged the order in Writ Petition No.8390/2024. By our judgment and order dated 13.08.2024, for the reasons recorded therein they were held to have certificates of validity subject to the usual conditions.

6.

Since the judgment and order impugned in the present matter arises out of a common vigilance inquiry in respect of the petitioner and those three individuals who had filed WP No.8390/2024, the evidence being the same, for the selfsame reasons as we have recorded in that petition on 13.08.2024, the impugned order to the extent of the petitioner also is liable to be quashed and set aside. 7.

Accordingly, the writ petition is allowed partly. 8.

The impugned judgment and order dated 24.09.2024 passed by the respondent No.2 - Scrutiny Committee is quashed and set aside. 9.

The respondent No.2 - Scrutiny Committee shall issue validity certificates of 'Thakur' scheduled tribe to the petitioner immediately, which shall be subject to the outcome of reverification of validity holders.

10.

The petitioner shall not be entitled to claim equities. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2