Bombay High Court
Aditya Vyankatesh Ghisewad vs The State Of Maharashtra Through ... on 20 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
181 WRIT PETITION NO.14103 OF 2021
YUVRAJ NAGNATH GHISEWAD
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
AND
183 WRIT PETITION NO.14129 OF 2021
ADITYA VYANKATESH GHISEWAD
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr.P.D. Bachate, advocate for the petitioners.
Mr.A.R. Kale, AGP for the respondent/State.
...
CORAM : S.V. GANGAPURWALA
AND
S.G. DIGE, JJ.
DATE : 20th DECEMBER, 2021
PER COURT :-
. The petitioners herein are the paternal
cousins. Their claims as belonging to Koli
Mahadev (Scheduled Tribe) are invalidated under
common judgment.
2. It is contended by the learned advocate
for the petitioners that the father of the
petitioner in Writ Petition No.14103 of 2021
namely Nagnath is issued with the validity
certificate of Koli Mahadev, Scheduled Tribe.
Real brother of the petitioner Yuvraj namely
Tirumal and real sister Neha are issued with the
validity certificate of Koli Mahadev, Scheduled
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Tribe. Another real sister of the petitioner
Yuvraj namely Neeta had applied for validity
certificate. Her claim was invalidated. She filed
Writ Petition bearing No.2938/2019. This Court
under order dated 10.07.2019 has allowed the writ
petition and directed the Committee to issue
validity certificate to her. The learned advocate
submits that some of the contra entries were
subject matter of consideration before this Court
in case of Neeta. According to the learned
advocate, Vijaya Kisanrao Ghisewad, cousin
paternal aunt of the petitioner is also issued
with validity certificate of Koli Mahadev,
Scheduled Tribe by the Scrutiny Committee. Some
of the persons allegedly relatives are in fact
not relatives of the petitioner namely Rajaram
Datta Koli, Sambha Gangaram and Maruti Manika.
3. The learned A.G.P. submits that in case
of Nagnath, this Court had held that the claim of
Nagnath was validated earlier and validity
certificate has been accordingly issued and on
that count subsequent invalidation was set aside
and not on merit. The learned A.G.P. further
submit that, there are contra entries on record.
The same has been found by the vigilance Cell in
the present case. All these contra entries were
not the subject matter consideration before this
Court and also in respect of the paternal
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relatives namely Vijaya, Tirumala and Neha. The
petitioner has failed in affinity test also.
4. We have considered the submissions.
5. The petitioner is real brother of
Neeta. The relationship of the petitioner with
Neeta is not disputed. The caste claim of Neeta
was invalidated by the Scrutiny Committee. She
filed Writ Petition bearing No.2938/2019 before
this Court. This Court under order dated
10.07.2019 allowed the said writ petition and
directed the Committee to issue validity
certificate to her as belonging to Koli Mahadev,
Scheduled Tribe.
6. The father of the petitioner Yuvraj
namely Nagnath had also approached this Court by
filing Writ Petition No.6932/2004. The case was
that his claim was earlier validated and
subsequently the order of invalidation was
issued. This Court under judgment dated
21.09.2006 in the said Writ Petition set aside
the order of invalidating the caste claim of
Nagnath and directed the Scrutiny Committee to
issue validation certificate. In case of Neeta
some of the contra entries were subject matter of
consideration. Even Vijaya cousin aunt whose
school entry records as Koli was also issued with
the validity certificate. Other two real brother
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and sister, namely, Tirumala and Neeta are issued
with validity certificates by the Scrutiny
Committee.
7. In the light of aforesaid facts and
more particularly in the case of Neeta, this
Court under order dated 10.07.2019 has directed
the Committee to issue validity certificate to
her, we pass the following order :-
ORDER
(i) The Committee shall issue validity
certificate to the petitioner of "Koli Mahadev",
Scheduled Tribe immediately.
(ii) If the judgment of this Court in the
case of Neeta is reviewed, the present order
would be subject to the decision in the case of
Neeta.
(iii) Writ Petition is accordingly disposed
of. No costs.
(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.)
SGA
