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Bombay High CourtWP/13496/2021disposed off

Manvi Shyam Ibattee And Another v. The State Of Maharashtra And Others

2021-12-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

13496.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 WRIT PETITION NO. 13496 OF 2021 MANVI SHYAM IBATTEE & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioners : Mr.S.M.Vibhute AGP for Respondent-State : Mr.S.K.Tambe ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 06.12.2021 P.C. :

1] The caste claim of the petitioners as Rajgond (Scheduled Tribe) is invalidated.

2] Amongst other submissions, one of the submission of the learned counsel for the petitioners is that the real sister of the petitioner, namely, Mansi had also applied for validity certificate of Rajgond (Scheduled Tribe). Her claim was invalidated. She filed Writ Petition bearing No.9607/2019 before this Court. This Court, under order dated 2nd August, 2019, allowed the said Writ Petition and directed the Committee to issue validity.

3] We have also heard learned AGP for the respondent-State.

13496.21WP 4] The relationship of the present petitioner no.1 with Mansi, who is real sister and Rohit, who is cousin brother of the petitioner no.1, is not disputed. It is submitted that the father and uncle of the petitioners are also issued with the validity certificates. For the reasons stated in the order dated 2nd August, 2019 in Writ Petition No.9607 of 2019 in case of real sister of the petitioner, we follow the same course.

5] The Committee shall issue validity certificate to the petitioners of Rajgond (S.T.) immediately. The same shall be subject to the decision that may be taken by the Committee in respect of the validity holders on which the petitioners rely and if review is filed of the order in Writ Petition No.7510/2018 (i.e. in the case of Abhilasha) and said order is reviewed. Writ Petition is disposed of. No costs. The present order is limited to the extent of the petitioners. [S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC