Rameshwar Laxman Kaudewar v. The State Of Maharashtra Through Its Principal Secretary And Another

2024:BHC-AUG:26363-DB 1 wp 11861.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11861 OF 2024 Rameshwar Laxman Kaudewar .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Chandrakant R. Thorat, Advocate for the Petitioner. Mrs. P. J. Bharad, A.G.P. for Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 OCTOBER 2024.

FINAL ORDER :

.

Petitioner's blood relatives have been granted certificates of validity pursuant to the orders of the High Court. Same are as under :

Sr.

No.

Name of Validity holder Date of order Relation with the petitioner 01.

Dattahari Rajaram Kaudewar 29.11.2005 Real uncle 02.

Yallappa Vitthal Kaudewar 30.12.2008 Cousin uncle 03.

Dattahari Venkatrao Kaudewar 28.02.2011 Cousin uncle 04.

Snehal Gangadhar Kaudewar W. P. No.

9059/2019 dt.

20.08.2019 Cousin sister 05.

Shrushti Gangadhar Kaudewar W. P. No. 9574 of 2024 dt.

05.09.2024 Cousin sister 06.

Saurabha Dattahari Kaudewar W. P. No. 9510 of 2019 dt.

Cousin brother

2 wp 11861.24 21.09.2023 07.

Parth Dattahari Kaudewar W. P. No.

10390 of 2023 dt. 22.08.2023 2.

Since there is no dispute about the relationship shown hereinabove of these individuals with the present petitioner, like those individuals even the petitioner would be entitled to have certificate of validity irrespective of the stand of the Committee to undertake the scrutiny of the earlier validity holders, who according to the Committee had practised fraud. Since those validity holders are not before us, we cannot undertake any objective scrutiny of the inference drawn by the Committee. Let that happen in appropriate proceeding. Till the time these validities are not recalled successfully, the petitioner would be entitled to possess certificate of validity.

3.

The writ petition is allowed partly. Impugned judgment and order dated 10.10.2024 passed by respondent No. 2/Scrutiny Committee is quashed and set aside. Respondent No. 2/Scrutiny Committee shall issue certificate of validity to petitioner of 'Mannervarlu' scheduled tribe immediately in prescribed proforma. Same shall be subject to out come of reverification undertaken by the scrutiny committee of the earlier validity holder. The petitioner shall not be entitled to claim equities. [SHAILESH P. BRAHME J.] [MANGESH S. PATIL, J.] bsb/Oct. 24