Umakant Dharmanna Ghante v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:27837-DB *1* 925wp12821o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12821 OF 2024 UMAKANT DHARMANNA GHANTE

VERSUS

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

Shri Jadhavar Pratap V., Advocate for the Petitioner. Ms. V.N. Patil Jadhav, AGP for Respondent Nos.1 and 2/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 26th November, 2024 Per Court ( Prafulla S. Khubalkar, J.

):- Heard finally.

2.

The petitioner has raised challenge to the order dated 31.05.2024 passed by respondent No.2/ Scrutiny Committee thereby, invalidating his tribe claim of belonging to 'Koli Mahadev', Scheduled Tribe.

3.

The impugned order is common order in the matter of the petitioner (Umakant Ghante) and his son (Shubham Ghante) and daughter (Sonali Umakant Ghante). This order was

*2* 925wp12821o24 subject matter of challenge in another Writ Petition No.8624/2024 filed by Shubham Ghante and Sonali Ghante. For the reasons recorded in the order dated 14.08.2024, the said Writ Petition was partly allowed and the impugned order dated 31.05.2024 came to be quashed and set aside to their extent. 4.

Since the impugned order is common order, for the same reasons recorded in the order dated 14.08.2024 passed in Writ Petition No.8624/2024, the impugned order is quashed and set aside even to the extent of the petitioner (Umakant Ghante). Respondent No.2/ Scrutiny Committee is directed to issue a certificate of validity of 'Koli Mahadev', Scheduled Tribe, to the petitioner in prescribed proforma G without incorporating any conditions. The certificate of validity would be subject to the outcome of reverification to be undertaken by the Scrutiny Committee of any other validity holders. The petitioner shall not claim any equities.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)