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Bombay High CourtWP/640/2025disposed off

Shruti Shankarrao Allamwar v. The State Of Maharashtra Through Its Secretary And Others

2025-04-24Hon'Ble Shri Justice Mangesh S. Patil , Hon'Ble Shri Justice Y. G. Khobragade2 pages

1006wp460-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1006 WRIT PETITION NO. 640 OF 2025 Shruti Shankarrao Allamwar

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Mr. M. P. Bhaskar h/for Mr. Giri Umakant P., Advocate for the Petitioner Mr. S. V. Hange, AGP for Respondents State CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

Dated : 24th April, 2025 PER COURT :- 1.

The petitioner is challenging the order of invalidation. 2.

We have heard both sides finally.

3.

It is being pointed out that the petitioner's claim was decided by permitting her to apply vigilance enquiry report conducted in the matter of one Ishwar Hanmanlu Allamwar as can be seen from paragraph no. 5 of the order under challenge. No separate vigilance enquiry was conducted nor was any report submitted or reply solicited. The claim has been decided squarely on the basis of vigilance enquiry report conducted in the matter of Ishwar Hanmanlu Allamwar. 4.

As is being submitted by the learned advocate for the petitioner and as is being fairly considered to, on verification, by the learned AGP,

1006wp460-25 Ishwar Hanmanlu Allamwar had suffered the invalidation which was quashed and set aside by the order of this court in WP no. 14046 of 2023 on 18.12.2024.

5.

The aforementioned circumstance make it abandonedly clear that a common set of evidence forms the basis for the committee to invalidate Ishwar's claim also also while passing the order under challenge.

6.

When coordinate division bench of this court, in the matter Ishwar Hanmanlu Allamwar has already objectively scrutinized the conclusion of the committee and still has reached a conclusion that the order in the matter of Ishwar Hanmanlu Allamwar was not sustainable and directed him to be issued with the certificate of validity. 7.

For the reasons recorded by the coordinate division bench in writ petition no. 14046 of 2023, the petition is allowed. The impugned order is quashed and set aside. The committee shall issue certificate validity of 'Mannervarlu' Scheduled Tribe, which shall be coterminous with the validity which the committee has decided to reopen. ( Y. G. KHOBRAGADE, J.) ( MANGESH S. PATIL, J.) JPChavan