Apoorv Dadarao Kalambarkar v. The State Of Maharashtra And Others

14221.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 WRIT PETITION NO.14221 OF 2021 APOORV DADARAO KALAMBARKAR

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.O.B.Boinwad AGP for Respondent-State : Mr.A.R.Kale ...

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

DATE : 16.12.2021 P.C. :

1] Tribe claim of the petitioner as 'Koli Mahadev' Scheduled Tribe is invalidated.

2] Learned counsel for the petitioner submits that common vigilance was conducted in the case of the petitioner, Vinaya d/o. Vasant Kalambarkar and Madhavi d/o.Bapurao Kotewad. The caste claim of Vinaya d/o. Vasant Kalambarkar was also invalidated. She filed Writ Petition No. 8201 of 2020 before this Court. This Court under order dated 18th December, 2020 allowed the Writ Petition and directed the Committee to issue conditional validity.

3] Learned AGP submits that there are interpolation in the school record of the petitioner's father and also contra entries.

14221.21WP 4] The relationship of the petitioner with Vinaya d/o. Vasant Kalambarkar being first degree paternal cousin is not disputed. The vigilance has conducted and submitted common vigilance report in the case of the petitioner and Vinaya d/o. Vasant Kalambarkar. This Court under order dated 18th December, 2020 in Writ Petition No.8201 of 2020 directed the Committee to issue validity. 5] In the light of that, we follow the same course and pass the following order :

ORDER

I] The Committee shall issue validity certificate to the petitioner of 'Koli Mahadev' Scheduled Tribe. II] The said validity certificate would be subject to the decision that would be taken by the Committee in the proceedings re-opened of the validity holders relied by the petitioner.

III] Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC