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Bombay High CourtWP/15235/2023disposed off

Sneha Tejerao Ijjapwar v. The State Of Maharashtra Through Its Principal Secretary And Others

2024-11-27Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Prafulla S. Khubalkar4 pages

2024:BHC-AUG:27823-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15235 OF 2023 Sneha d/o Tejerao Ijjapwar ...

PETITIONER

VERSUS

The State of Maharashtra, through its Principal Secretary.

Revenue Department, Mantralaya, Mumbai- 32.

The District Collector, Solapur, Dist. Solapur Assistant District Collector and Sub Divisional Officer, Solapur - 2 Dist. Solapur.

Deputy Director (Research) and Member Secretary Scheduled Tribe Certificate Verification Committee, Kinwat Headquarter Chhatrapati Sambhajinagar, Near CIDCO Bus Stand, Chhatrapati Sambhajinagar Dist. Chhatrapati Sambhajinagar ...

RESPONDENTS AND WRIT PETITION NO.15198 OF 2023 Shivkant s/o Gangadhar Ijjapwar ...

PETITIONER

VERSUS

The State of Maharashtra, through its Secretary.

Rural Department, Department Mantralaya, Mumbai- 32.

Deputy Director (Research) and Member Secretary Scheduled Tribe Certificate Verification Committee, Kinwat Headquarter Chhatrapati Sambhajinagar, Near CIDCO Bus Stand, Chhatrapati Sambhajinagar Dist. Chhatrapati Sambhajinagar Chief Executive Officer, Zilla Parishad, Chandrapur, Tq. and Dist. Chandrapur.

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The Executive Engineer (Construction) Zilla Parishad, Chandrapur, Tq. and Dist. Chandrapur.

...

RESPONDENTS ...

AND WRIT PETITION NO.15199 OF 2023 Pramod s/o Hanmantrao Ijjapwar ...

PETITIONER

VERSUS

The State of Maharashtra, through its Secretary.

Rural Department, Department Mantralaya, Mumbai- 32.

Deputy Director (Research) and Member Secretary Scheduled Tribe Certificate Verification Committee, Kinwat Headquarter Chhatrapati Sambhajinagar, Near CIDCO Bus Stand, Chhatrapati Sambhajinagar Dist. Chhatrapati Sambhajinagar Chief Executive Officer, Zilla Parishad, Nanded, Tq. and Dist. Nanded.

The Accounts Officer, Office of Chief Accounts and Finance Officer, Zilla Parishad, Nanded, Tq. and Dist. Nanded ...

RESPONDENTS ...

Advocate for the Petitioner/s : Mr. Thorat Chandrakant R. AGP for Respondents/State : Mr. R.S. Wani ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 27.11.2024 2/4

PER COURT (PRAFULLA S. KHUBALKAR, J.) :

Heard finally by consent of the parties.

By these petitions the petitioners have raised challenge to the order dated 31.08.2023 passed by the respondent - Caste Scrutiny Committee, invalidating the caste claims of the petitioners for 'Mannervarlu' scheduled tribe.

The impugned order was a common order in the matters of the petitioners herein and Balaji s/o Bapurao Ijjapwar. This common order was subject matter of writ petition No.15275/2023 filed by Balaji Bapurao Ijjapwar and for the reasons recorded therein, the writ petition was partly allowed and the impugned order was quashed and set aside to the extent of the petitioner - Balaji.

While deciding the petition of Balaji, this Court has taken into consideration the relevant documents filed in support of the caste claim and after scrutiny of record, the detailed judgment was passed. 5.

In view of the elaborate reasoning in the said order, the instant writ petitions also need to be allowed. Hence the following order:

O R D E R

i.

The writ petitions are partly allowed.

ii.

The impugned order dated 31.08.2023 to the extent of these petitioners is quashed and set aside. The respondent - Scrutiny Committee is directed to immediately issue validity certificates to 3/4

the petitioners of belonging to 'Mannervarlu' scheduled tribe. iii.

The validity certificates shall be subject to the final outcome of the matter which the committee has decided to reopen. iv.

The petitioners shall not be entitled to claim any equities. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 4/4