Akshata Dhondiram Suryawanshi v. The State Of Maharashtra And Others

1048 WP 1547 OF 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1048 WRIT PETITION NO.1547 OF 2020 AKSHATA DHONDIRAM SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Golegaonkar Madhur A. AGP for Respondent Nos. 1 to 3 : Mr. S.G. Sangale

CORAM

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

DATE : 26.07.2023 PER COURT :

The petitioner is challenging the order of the respondent No.2scrutiny committee invalidating his claim as belonging to 'Thakar' scheduled tribe.

3.

Heard the learned advocate for the petitioner and the learned A.G.P. for a while. The learned A.G.P. fairly concedes that in the matter of real brother of the petitioner namely Onkar Dhondiram Suryawanshi Vs. The State of Maharashtra and others in Writ Petition No. 14062/2019, this Court after taking into consideration several aspects has directed tribe certificate to be issued to Onkar which was subject to the decision that was to be taken by the committee in the matter of the validity holders, in view of decisions in the matters of Apoorva D/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and others; 2010 (6) Mh.L.J. 401 and latest decision in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others; 2023 SCC Online SC 326. The petitioner deserves the same treatment. 4.

The Writ Petition is partly allowed. The impugned order is quashed 1/2

1048 WP 1547 OF 2020.odt and set aside. The respondent No. 2-scrutiny committee shall issue validity certificate to the petitioner as 'Thakar' scheduled tribe immediately. This validity shall be subject to the outcome of the enquiry the committee has intended to reopen in respect of the validity holders. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2