Madhuri Trimbakrao Nidbane v. The State Of Maharashtra Through Its Secretary And Others

28 WP 14047 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14047 OF 2023 Madhuri Trimbakrao Nidbane, Age 32 years, Occ. Student, R/o. Kavthal, Tq. Deoni, Dist. Latur.

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Petitioner.

VERSUS

1) The State of Maharashtra, Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through it's Deputy Director (R).

3) The Scheduled Tribe Certificate Scrutiny Committee, Kinwat, Head Quarter, Aurangabad, through its Deputy Director (R).

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Respondents.

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Advocate for the Petitioner : Mr. Madhuri Trimbakrao Nidbane. A.G.P. for the Respondents/State : Mr. S.G. Sangale

CORAM

: MANGESH S. PATIL & NEERAJ P. DHOTE, JJ.

DATE : 06.11.2023 PER COURT :

Heard both the sides.

2.

The petitioner is challenging the order of invalidation of her claim as belonging to 'Koli Mahadev' scheduled tribe and confiscating and cancelling her certificate.

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28 WP 14047 23.odt 3.

The impugned order was a common order in respect of four individuals. One Sanket Satish Nidebane had challenged the order in Writ Petition No. 2308/2022 whereas Suyog Satish Nibedane and Ashwini Narayan Nibedane had challenged it in Writ Petition No. 13124/2023. The petitioner is the fourth individual affected by the common order. 4.

Since this Court in the petitions of Saknet, Suyog and Ashwini has quashed and set aside the order of invalidation which is a common one, we allow the Writ Petition partly, quash and set aside the impugned order even to the extent of the petitioner. The respondent-scrutiny committee shall issue certificate of validity to the petitioner of 'Koli Mahadev' scheduled tribe immediately. It would be subject to the final outcome of the matters of the validity holders which the committee has decided to re-open. 5.

The petitioner shall not be entitled to claim equities. ( NEERAJ P. DHOTE, J.) (MANGESH S. PATIL, J.) mkd/- 2/2