Pranjal Pentu Maisanwad Through Guardian Pentu Vitthal Maisanwad v. The State Of Maharashtra Through Principal Secretary And Another

1 956WP12049.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 12049 OF 2023 Pranjal s/o Pentu Maisanwad, Age : 17 years, Occu : Student, Through the natural Guardian i.e. Father, Pentu s/o Vitthal Maisanwad, Age : 41 years, Occu. Service, R/o. Barbada, Tq. Naigaon (Kh.), Tq. Naigaon (Kh.), Dist. Nanded.

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Chandrakant R. Thorat - Advocate for the petitioner Mr. A. S. Shinde - AGP for respondent/State ....

CORAM : MANGESH S. PATIL AND NEERAJ P. DHOTE, JJ.

DATED : 31st OCTOBER 2023 PER COURT : - .

Heard both the sides.

2.

Petitioner is challenging the order of invalidation passed by the Scrutiny Committee on 15.09.2023, refuting his claim of belonging to 'Mannervarlu' Scheduled Tribe and confiscating and cancelling his tribe certificate.

3.

In fact, the impugned order was a common order in respect of four individuals including the present petitioner. In Writ

2 956WP12049.2023.odt Petition No. 12570 of 2023 with connected two writ petitions, the other three individuals had put up a challenge to the same order. By order dated 10.10.2023, the writ petitions were allowed partly and the Committee was directed to issue with certificate of tribe validity subject to the final outcome of the matters of the validity holders which the committee has decided to reopen.

4.

For the selfsame reasons as indicated in the order passed in the matters of other three individuals (supra), the writ petition is allowed. The impugned order dated 15.09.2023 passed by the respondent/Scrutiny Committee is quashed and set aside to the extent of present petitioner. The Committee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Mannervarlu' Scheduled Tribe in the prescribed format without adding anything. The validity certificate shall be subject to the final outcome of the matters intended to be reopened by the Scrutiny Committee. The petitioner shall not be entitled to claim equities. 5.

Writ Petition is disposed of.

[NEERAJ P. DHOTE] [MANGESH S. PATIL] JUDGE JUDGE SG Punde