Yogesh Baburao Bodhankar v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:25955-DB 1 963.WP-11523-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11523 OF 2024 YOGESH BABURAO BODHANKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents/State : Mr. R.S. Wani ...

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

DATE : 22 OCTOBER 2024 PER COURT :

.

Heard both the sides finally.

2.

The petitioner's real brother - Mangesh was granted certificate of validity in Writ Petition No.7610/2018 by the order dated 24.7.2018 (Principal Seat).

3.

Though Mangesh's validity was made subject to the final outcome of the matter in respect of validity of one Shubham, real brother of Mangesh and though subsequently, the Committee seems to have recalled the validity of Shubham in Writ Petition No.11517/2024 preferred by Shubham, by the order dated 15.10.2024, operation of the order recalling his validity has been stayed.

2 963.WP-11523-2024.doc 4.

Independently, as was observed in the matter of Mangesh, the Committee was supposed to issue him a show cause notice, if it succeeded in recalling validity of Shubham, but we are informed that he has not been issued with any show cause notice. 5.

The net result is that the validities of Shubham, as also of Mangesh are still intact.

6.

In the light of above, the writ petition is partly allowed. The impugned order dated 25.09.2024 is quashed and set aside. The Scrutiny Committee shall immediately issue validity certificate to the petitioner as belonging to Mannervarlu scheduled tribe. The validity shall be co-terminus with the validities of earlier validity holders. 7.

The petitioner shall not claim equities.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..