Ashatai Rameshwar Bhutte v. The State Of Maharashtra Through Its Principal Secretary And Others
2025:BHC-AUG:1186-DB 15399.23wp (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 902 WRIT PETITION NO. 15399 OF 2023 ASHATAI RAMESHWAR BHUTTE
VERSUS
1. THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MUMBAI
2. MUNICIPAL CORPORATION OF GREATER MUMBAI, THR. ITS COMMISSIONER
3. MUNICIPAL CORPORATION OF GREATER MUMBAI, THR. ITS CITY ENGINEER
4. DEPUTY DIRECTOR(RESEARCH) AND MEMBER SECRETARY, SCHEDULED TRIBE CERTIFICATE VERIFICATION COMMITTEE, KINWAT ....
Mr Omprakash Totawad, Advocate h/f Mr C. R. Thorat, Advocate for petitioner Mr M. M. Nerlikar, Addl.G.P. for respondent Nos.1 & 4 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.
DATE : 14th January, 2025 PER COURT:
1.
Heard the learned advocate for the petitioner and the learned A.G.P. who appears on behalf of respondent Nos.1 & 4. 2.
The petitioner is challenging the common judgment and order passed by respondent No.4/committee in the matter of herself and her real sister Jayashree Rameshwar Bhutte and real brother
15399.23wp (2) Jagdish Rameshwar Bhutte, dated 16/08/2019, refusing to validate their 'Mannervarlu' Scheduled Tribe category certificates. 3.
In Writ Petition No.15435/2023, by the judgment and order dated 04/07/2024, the impugned judgment and order has been quashed and set aside on a challenge put up by Jayashree and Jagdish. 4.
No inconsistent view can possibly be taken in the present matter.
5.
The writ writ petition is allowed for the selfsame reasons as have been recorded in the matter of Jayashree and Jagdish. 6.
The impugned order dated 16/08/2019 is quashed and set aside even to the extent of the petitioner. Respondent No.4/committee shall issue validity certificate of 'Mannervarlu' Scheduled Tribe category to the petitioner immediately. The validity certificate shall be subject to the final outcome of the matters of the validity holders, which the committee has decided to reopen.
7.
The petitioner shall not claim any equity.
(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk