Rajshri Sahebrao Erlod And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 17006 Bom

                                       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

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.

                                      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