Rupesh Ravishankar Markante vs The State Of Maharashtra And ...
2021 Latest Caselaw 16783 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                       1001 WRIT PETITION NO.6311 OF 2019

                       RUPESH RAVISHANKAR MARKANT
                                      VERSUS
                   THE STATE OF MAHARASHTRA AD OTHERS
                                         ...
                    Advocate for Petitioner : Mr. S.C. Yeramwar
                     AGP for Respondents 1 & 2 : Mr. P.S. Patil
                    Advocate for Respondent 3 : Mr. A.S. Bayas
                                         ...

                                   CORAM : S.V. GANGAPURWALA &
                                           R.N. LADDHA, JJ.
                                   DATED : 03/12/2021.


PER COURT :

.                 The caste claim of the petitioner as 'Koli Mahadev' -

Scheduled Tribe is invalidated.

2.                Amongst the other submissions, one of the submission

made by the learned counsel Mr. Yeramwar for the petitioner is that,

the real paternal uncle's daughter namely Vinaya had also applied for

validity certificate. The same was invalidated. She filed writ petition

before this Court bearing No. 8344/2020. Under the judgment and

order dated 17th December, 202, this Court directed the Committee to

issue validity certificate to her.

3.                The learned AGP submits that there are contra entries on

the record. The petitioner failed in the affinity test. The contra entries




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                                                              WP No.6311/2019
                                       2

are not the subject matter of consideration when the father of the

petitioner and paternal aunt of the petitioner were issued with the

validity certificates.

4.              We have considered the submissions. The relationship of

the petitioner with Vinaya daughter of Sadanand Markante is not

disputed. Vinaya is the daughter of the real uncle of the petitioner. In

her case, this Court had directed the committee to issue validity

certificate.

5.              In view of the said order dated 17th December 2020 in Writ

Petition No. 8344/2020 we follow the same course and pass the

following order.

                                    ORDER

(I) The Committee shall issue validity certificate to the

petitioner of 'Koli Mahadev' Scheduled Tribe immediately. The said

validity certificate would be subject to the decision that would be

taken by the Committee in the proceedings that may be reopened of

the validity holders relied upon by the petitioner.

(II) Writ petition is accordingly disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/