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Bombay High CourtWP/14957/2019disposed off

Maheshwari Iranna Bachawar v. The State Of Maharashtra And Another

2020-12-21Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat2 pages

12-WP-14957-19OO.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14957 OF 2019 Maheshwari Iranna Bachawar ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. Pratap V. Jadhavar, Advocate for petitioner Mr. P.N. Kutti, A.G.P. for respondent - State ....

CORAM : SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATED : 21st DECEMBER, 2020 OPERATIVE ORDER :

Impugned order dated 20th August, 2019 passed by Respondent No.2 Scrutiny Committee is quashed and set aside. Respondent No.2 Committee is directed to forthwith issue requisite validity certificate to the petitioner of being 'Mannervarlu' Scheduled Tribe forthwith, which would be subject to decision, in proceedings if are reopened in case of any validity holder relied on by petitioner, as it is stated that validity holder's tribe claim is being re-investigated. If the proceeding for cancellation of caste validity holder is answered against such certificate holder, it shall be open for the respondent committee to issue show cause notice to the petitioner as to why the validity certificate granted to the petitioner should not be cancelled and it will be open for the committee to take those proceeding to its logical end. 1 / 2

12-WP-14957-19OO.odt Needless to say that the certificate issued to the petitioner is subject to the outcome of the proceeding for cancellation of validity issued in favour of his blood relations.

( R.G. AVACHAT, J. ) ( SUNIL P. DESHMUKH, J. ) SSD 2 / 2