Yuvraj S/O Bhausaheb Rajwade v. The State Of Maharashtra Dept Of Tribal Development And ANR
Digitally signed by TRUPTI SADANAND BAMNE Date:
2024.12.18 19:24:01 +0530 TRUPTI SADANAND BAMNE Trupti 1 39-WP-18215-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18215 OF 2024 Yuvraj s/o. Bhausaheb Rajwade ...
Petitioner versus The State of Maharashtra and Others ...
Respondents ....
Mr.Sushant Yeramwar Jinturkar for the Petitioner. Mr.V.M.Mali, AGP for Respondent Nos. 1 and 2-State. ....
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 16TH DECEMBER, 2024 P.C.:
1.
This is one more glaring case before us indicative of the high handed conduct of the Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik. The Committee comprises of Mr.Suresh Wankhede, Joint Commissioner, Scheduled Tribe Certificate Scrutiny Committee, Nashik; Mrs. Hemlata Gavhane, Member of the Committee; and Mr. Hasanlal Markam, Research Officer-cum-Member of the Committee.
2.
The present Petitioner, Yuvraj Bhausaheb Rajwade, was before this Court [Coram: B.R.Gavai (as His Lordship then was) and
Trupti 2 39-WP-18215-2024.odt Smt. Anuja Prabhudessai, JJ.] in Writ Petition No. 3453 of 2013. By the judgment dated 4th October, 2017, the entire record available from 1st August, 1936, was perused by this Court. Close blood relatives having been granted validity certificates by the Scrutiny Committee, was also adverted to in paragraph 5. The Petition was disposed off with a direction that the Petitioner belongs to the Thakur Scheduled Caste (sic. Thakur Scheduled Tribe) and the Committee was directed to issue a validity certificate within four weeks.
3.
The Committee has now issued a show cause notice dated 27th November, 2024. The foundation is the judgment of this Court dated 14th October, 2024 vide which, Writ Petition Nos. 13994 and 13995 of 2024, were partly allowed. The validity certificates were issued to those Petitioners. Considering the contentions of the Committee, since the validity certificates were issued subject to the law laid down in Shweta Balaji Isankar vs. The State of Maharashtra and others, 2018 SCC Online Bom 10363, the case of the present Petitioner is sought to be re-opened.
4.
The Chairman of the said Committee Mr.Suresh Wankhede was before this Court in Writ Petition No. 17828 of 2024 (Kalpana d/o.
Trupti 3 39-WP-18215-2024.odt Nimbaji Desai versus The State of Maharashtra & Anr.) decided on 9th December, 2024 wherein cost of Rs. 25,000/- was imposed on each of the Members of the Committee. We had recorded that we were inclined to impose cost of Rs. 1,00,000/-. However, the learned AGP pleaded for leniency and we imposed cost of Rs. 25,000/- per Member only to send a signal to them. What we find before us today is unconscionable. 5.
A clear judgment delivered by this Court on 4th October, 2017, is being ignored. This is a clear act of defiance and an attempt to overbear the judgment delivered on 4th October, 2017 granting validity certificate to the present Petitioner on the merits of his claim. 6.
We grant leave to the Petitioner to add the above stated three Members of the Committee as party Respondents by name. Addition be carried out forthwith.
7.
Issue notice to the added Respondents, returnable on 23rd January, 2025. The learned AGP waives service of notice on behalf of Respondent Nos. 1 and 2, State.
8.
This matter would appear in the fresh admissions category.
Trupti 4 39-WP-18215-2024.odt 9.
Added Respondent Nos. 3, 4 and 5, shall explain their conduct of attempting to ignore the judgment of this Court dated 4th October, 2017. If the affidavit is not filed, at least, seven days prior to the returnable date, it would be presumed that these three Respondents do not intend to respond.
10.
By way of interim relief, the impugned notice dated 27th November, 2024 shall stand stayed.
(ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)