Rajshri Sahebrao Erlod And ... vs The State Of Maharashtra And ...

Citation : 2021 Latest Caselaw 17006 Bom
Judgement Date : 7 December, 2021

Bombay High Court
Rajshri Sahebrao Erlod And ... vs The State Of Maharashtra And ... on 7 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
                                       1                                  wp 13566.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

             1022 WRIT PETITION NO.13566 OF 2021

             RAJSHRI SAHEBRAO ERLOD AND ANOTHER
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
      Advocate for Petitioners: Mr. Vibhute Sunil M.
       AGP for Respondents No. 1&2: Mr. S. K. Tambe
                             ...

                                       CORAM:       S. V. GANGAPURWALA &
                                                    S. G. DIGE, JJ.
                                       DATE:        07th DECEMBER, 2021

 PER COURT:

 1.       The       tribe        claims        of    the         Petitioners              as

Mannervarlu, Scheduled Tribe are invalidated.

2. Amongst other submissions, one of the submission of the learned Counsel for the Petitioners is that the real sister of the Petitioners Shital D/o. Sahebrao Erlod had also applied for the validity certificate of Mannervarlu, Scheduled Tribe. The same was invalidated. She filed Writ Petition No. 9967 of 2018. This Court under order dated 30.08.2018 directed the Committee to issue validity ::: Uploaded on - 08/12/2021 ::: Downloaded on - 09/12/2021 03:51:36 ::: 2 wp 13566.2021 certificate to her of Mannervarlu, Scheduled Tribe.

3. The learned A.G.P. submits that there are contra entries. The Petitioners have failed in the affinity test and this Court had directed to issue conditional validity to the sister of the Petitioners namely Shital D/o. Sahebrao Erlod

4. The relationship of the Petitioners with Shital D/o. Sahebrao Erlod is not disputed. She has been issued with the validity certificate, though, conditional under the orders of this Court dated 30.08.2018 in Writ Petition No. 9967 of 2018.

5. For the reasons recorded in the Judgment dated 30.08.2018 in Writ Petition No. 9967 of 2018, we pass the following order.

6. The Committee shall issue validity certificates to the Petitioners of of Mannervarlu, Scheduled Tribe. ::: Uploaded on - 08/12/2021 ::: Downloaded on - 09/12/2021 03:51:36 :::

                                      3                             wp 13566.2021

 7.       The       said        validity   certificates              shall         be

subject to the decision that may be taken by the Committee in the proceedings reopened of the validity holders relied by the Petitioners.

8. Writ Petition accordingly stands disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe ::: Uploaded on - 08/12/2021 ::: Downloaded on - 09/12/2021 03:51:36 :::