Vaibhav Jivanrao Rajgirwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 16848 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 13423 OF 2021

 Vaibhav Jivanrao Rajgirwad                                         .. Petitioner

          Versus

 The State of Maharashtra and others                                .. Respondents

 Mr. Sunil M. Vibhute, Advocate for the Petitioner.
 Mr. S. K. Tambe, AGP for Respondent Nos. 1 and 2.
 Mr. M. D. Narwadkar, Advocate for Respondent No. 3.

                                 CORAM :    S. V. GANGAPURWALA &
                                            R. N. LADDHA, JJ.

                                 DATED :    04th December, 2021.

 PER COURT:-

 .        The tribe claim of the petitioner as belonging to "Koli Mahadev"

 (Scheduled Tribe) is invalidated.


 2.       Amongst        other   submissions,   one   of    the     submission         of

Mr. Vibhute, learned counsel for the petitioner is that the real brother

of the petitioner namely Vishal had also applied for issuance of validity

certificate. His claim was invalidated by the committee. The real

brother of the petitioner namely Vishal filed Writ Petition No. 9012 of

2019 at the Principal Seat at Bombay. The Division Bench of this Court

at the Principal Seat at Bombay under judgment and order dated

20.08.2019 allowed the writ petition and directed the committee to

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issue conditional validity to Vishal.

3. The learned A.G.P. submits that there are contra entries on

record. The petitioner has failed in the affinity test.

4. The relationship of the petitioner with Vishal is not disputed.

Vishal s/o Jivanrao is the real brother of the petitioner. He had filed

writ petition against the invalidation of his tribe claim bearing Writ

Petition No. 9012 of 2019 before the Principal Seat at Bombay. The

Division Bench of this Court at the Principal Seat at Bombay directed

the committee to issue validity certificate to him.

5. In the light of the judgment of the Division Bench of this Court at

the Principal Seat at Bombay in case of real brother of the petitioner,

we follow the same course.

6. The committee shall issue validity certificate to the petitioner of

"Koli Mahadev" (Scheduled Tribe). The said validity certificate shall be

subject to the decision that would be taken by the committee in the

proceedings reopened of the validity holders relied by the petitioner.

7. Writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE

 P.S.B.



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