Kondiba Shivram Jatale v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:30556-DB 1 913.WP-13463-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13463 OF 2024 KONDIBA SHIVRAM JATALE

VERSUS

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

Advocate for the Petitioner : Mr. Sagar S. Phatale h/f Mr. Yeramwar Sushant C.

Addl.GP for Respondents/State : Mr. P.S. Patil ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 20th DECEMBER 2024 PER COURT :

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Heard both the sides finally considering exigency in the matter. 2.

The petitioner is aggrieved by judgment and order dated 21.11.2024 passed by the respondent/Scrutiny Committee, invalidating his tribe certificate of Koli Mahadev scheduled tribe. 3.

Learned Counsel for the petitioner submits that by common judgment and order, the tribe claim of the petitioner and his son, are invalidated. Petitioner's son - Surajkumar approached this Court by filing writ petition no.13479/2024. By common order dated 17.12.2024, writ petition was allowed and clear validity was granted by this Court by a reasoned order. He tenders on record the order dated 17.12.2024.

2 913.WP-13463-2024.doc 4.

Learned AGP supports impugned judgment and order. 5.

As petitioner's son is granted validity by intervention of this Court vide order dated 17.12.2024 in Writ Petition No.13479/2024, we have no reason to take any contrary view. The petitioner is entitled to same treatment. We follow the same course and reasons. We, therefore, pass following order :

ORDER

(i) The writ petition is allowed.

(ii) The impugned judgment and order dated 21.11.2024 is quashed and set aside.

(iii) The respondent no.2/Committee shall immediately issue tribe certificate to the petitioner as belonging to Koli Mahadev scheduled tribe.

[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] Najeeb..