Rangrao Ramchandra Yadav And ORS v. Kishor Vijay Sangar And ORS
2025:BHC-AUG:2353-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.1278 OF 2025 Ganraj Satwaji Kolgane ...
PETITIONER
VERSUS
1.
The State of Maharashtra Through its Secretary, Tribal Development Department Mantralaya, Mumbai - 32 2.
Scheduled Tribe Certificate Verification Committee, Kinwat, Headquarter Chhatrapati Sambhajinagar, Thr. its Deputy Director (Research) and Member Secretary 3.
Joint Director of Agriculture, Kolhapur, Kolhapur Division, Tq. And Dist. Kolhapur 4.
The District Superintendent Agriculture Officer, Dist. Agriculture Office Sangli, Tq. And Dist. Sangli 5.
Taluka Agriculture Officer, Taluka Agricultural Office, Tq. Kavte Mahakal, Dist. Sangali ...
RESPONDENTS ...
Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents/State : Mr. A.V. Lavte ...
CORAM
: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.
DATE : 27.01.2025 PER COURT:
Heard both the sides.
2.
The petitioner is challenging the order dated 13.01.2025 of 1/3
invalidation passed by the respondent No.2 - Scrutiny Committee, refusing to validate his 'Mannervarlu' scheduled tribe certificate. 3.
It is being pointed out that the decision under challenge was rendered by permitting the petitioner to adopt the vigilance inquiry in the matter of his blood relation Kum. Sanskruti Sanjay Kolgane and the reply filed by her as mentioned in paragraph No.6 of the impugned judgment. 4.
Having faced a similar invalidation Sanskruti had put a challenge to it in Writ Petition No.9136/2024. By the order dated 28.08.2024 writ petition was allowed partly and she was held entitled to have a certificate of validity subject to the final outcome of the matters of the validity holders which the Committee had decided to reopen. 5.
The aforementioned circumstances are indicative of the fact that Sanskruti's claim as also that of the petitioner have been decided on the basis of the same set of evidence, favourable as well as contrary. Since already in the matter of Sanskruti this Court had undertaken objective scrutiny of the judgment passed in her matter, for the selfsame reasons as mentioned therein even the petitioner is entitled to have a certificate of validity.
6.
The writ petition is allowed partly. The impugned order dated 13.01.2025 is quashed and set aside.
7.
The respondent/Committee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Mannervarlu' scheduled tribe in the prescribed format without adding anything. The 2/3
validity shall be subject to the final outcome of the matters which the Committee has decided to re-open.
8.
The petitioner shall not be entitled to claim equities. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 3/3