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Bombay High CourtWP/14989/2019disposed off

Sneha Subhash Ghante v. The State Of Maharashtra And Others

2021-12-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1053 WRIT PETITION NO.14997 OF 2019 SUMEET SUBHASH GHANTE .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..Respondents ...

WITH WRIT PETITION NO.14989 OF 2019 KUM. SNEHA SUBHASH GHANTE .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA & OTHERS .. Respondents.

...

In both the matters:

Advocate for Petitioners : Mr. A.S. Golegaonkar, h/f. Mr. Madhur A. Golegaonkar AGP for Respondent Nos.1 to 3 : Mr. S.G. Karlekar ...

CORAM

: S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 16-12-2021 PER COURT :

1.

The caste claims of the petitioners are invalidated. 2.

The petitioners in both the writ petitions are real brother and sister. The learned Counsel for the petitioner submits that father of the petitioner is issued with the validity certificate of "Koli Mahadev" Scheduled Tribe. The real paternal uncle of the petitioner is issued

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with the validity certificate of "Koli Mahadev" Scheduled Tribe. The son of the real uncle of the petitioner namely Swastik had also applied for the validity certificate. His claim was invalidated. He filed Writ Petition bearing No.4042 of 2019. This Court under order dated 18-12-2020 allowed the said writ petition and directed the Committee to issue validity certificate.

3.

We have heard Mr. Karlekar, learned Assistant Government Pleader.

4.

The learned AGP submits that there are contra entries on record. The petitioners have failed in the affinity test. The relationship of the petitioners with Swastik and Suyash as sons of the real paternal uncle of the petitioners is not disputed. Their claims were invalidated. They had filed Writ Petition bearing Nos.4042 of 2019 and 4019 of 2019. The Co-ordinate Bench of this Court under order dated 18-12-2020 directed to grant the validity certificate to them.

5.

In light of the above, we follow the same course :

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ORDER

(i) The Respondent - Committee shall issue validity certificate to the petitioners of "Koli Mahadev" Scheduled Tribe. (ii) The said validity certificate would be subject to the decision that would be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioners. 6.

The Writ Petitions are disposed of. No costs. ( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE ...