Divya Shivaji Shinde v. Scheduled Tribe Certificate Scrutiny Commitee And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1136 WRIT PETITION NO.14325 OF 2019 DIVYA SHIVAJI SHINDE

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND ANOTHER ...

Advocate for Petitioner: Mr. Sagar S Phatale AGP for Respondent No. 1: Mr. P. S. Patil Advocate for Respondent No. 2: Mr. A. R. Devkate ...

CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE:

26th NOVEMBER, 2021 PER COURT:

1.

The tribe claim of the Petitioner as Thakur, Scheduled Tribe is invalidated.

2.

The tribe claim of the present Petitioner and her real brother Ajay Shivaji Shinde is invalidated. It is invalidated under the common Judgment by the Scrutiny Committee.

3.

The brother Ajay Shivaji Shinde had filed Writ Petition No. 11970 of 2019. The same is allowed on 16.10.2019. This Court directed the Committee to grant validity to the real brother of

2 wp 14325.2019 the Petitioner namely Ajay Shivaji Shinde. The same is a conditional one.

4.

In light of that, we follow the same course.

5.

For the reasons recorded in the order dated 16.10.2019 passed in Writ Petition No. 11970 of 2019, we pass the following order.

6.

The Committee shall issue validity certificate to the Petitioner of Thakur, Scheduled Tribe immediately.

7.

The said validity certificate shall be subject to the decision that would be taken by the Committee in the proceedings reopened of the validity holders relied by the Petitioner. In case their claims are invalidated, the Petitioner will have to face consequences.

8.

Writ Petition accordingly stands disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe