Omkar Laxmanrao Atpalwar And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 16864 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                     WRIT PETITION NO. 13387 OF 2021

          Omkar Laxmanrao Atpalwar
          and another                                  ..   Petitioners

                   Versus

          The State of Maharashtra and others          ..   Respondents

 Shri Pratap V. Jadhavar, Advocate for Petitioners.
 Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 and 2.

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

DATE : 04TH DECEMBER, 2021.

FINAL ORDER :

. Amongst the other submissions, one of the submission made by Mr. Jadhavar, the learned advocate for petitioners is that, the son of the real uncle of petitioners namely Saikiran Ramesh Atpalwar had also applied for validity certificate of Mannervarlyu (S.T.) The Committee invalidated his tribe claim. He filed Writ Petition Stamp No. 24536 of 2020 before this Court. This Court under judgment dated 21st December, 2020 allowed the said writ petition relying upon the validity issued to the father of petitioners.

2. The learned Assistant Government Pleader submits that, there are contra entries on record. The petitioners have failed in the affinity test. The contra entries have been considered by the

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Committee and rightly the order is passed. Show cause notice is issued to the validity holders relied by petitioners.

3. The relationship of petitioners with Saikiran Ramesh Atpalwar is not disputed. He is son of real paternal uncle of petitioners.

4. For the reasons recorded in the order dated 21 st December, 2020 in Writ Petition Stamp No. 24536 of 2020, we follow the same course and pass following order.

8. The committee shall issue validity certificate to the petitioners of "Mannervarlu" (Scheduled Tribe) immediately. The said validity certificate shall be subject to the decision of the Committee that would be taken in the proceedings reopened of the validity holders relied by the petitioners.

5. In the light of the above, the writ petition is disposed of. No costs.

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

bsb/Dec.21