Mina D/O Ramkrishna Panchgam Now ... vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 17766 Bom

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                                                 J25wp903.2020.odt



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                NAGPUR BENCH, NAGPUR.


               WRIT PETITION NO.903 OF 2020


     Mina D/o Ramkrishna Panchgam, Now
     Sau. Mina w/o Dinesh Ghante,
     Aged about 56 years,
     R/o. Frezerpura, Near Bhagatsingh Chowk,
     Amravati, Dist. Amravati
                                                 .... PETITIONER
                            VERSUS


1.   The State of Maharashtra,
     through its Principal Secretary,
     Tribal Development Department,
     Mantralaya, Mumbai - 32

2.   The Sceduled Tribe Certificate Scrutiny
     Committee, Amravati Division, Amravati
     through its Deputy Director and Member
     Secretary having office at Irwin Chowk,
     Morshi Road, Amravati

3.   The Executive Engineer,
     Upper Wardha Irrigation Department,
     Amravati, Tq. & Dist. Amravati
                                                ...RESPONDENTS
___________________________________________________________
     Shri A.I. Sheikh, Advocate for the petitioner.
     Shri A.R. Chutke, Assistant Government Pleader for the
     respondent Nos.1 to 3/State.
___________________________________________________________


                      CORAM      : A.S. CHANDURKAR AND
                                   G.A. SANAP, JJ.
                      DATED      : DECEMBER 21, 2021.
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                                                    J25wp903.2020.odt



JUDGMENT (Per A.S. Chandurkar, J.) :

Rule. Rule is made returnable forthwith and heard

learned counsel for the parties.

2. The challenge raised in this writ petition is to the

order of invalidation passed by the Scrutiny Committee on

30/01/2020. By the said order, the petitioner has been refused

validity of belonging to "Mannewar" Scheduled Tribe.

3. It is not necessary to refer in detail to the grounds

raised in the writ petition for challenging the order passed by

the Scrutiny Committee for the simple reason that two sisters

and three cousins of the petitioner have been granted validity

certificate of belonging to "Mannewar" Scheduled Tribe. This

adjudication is pursuant to order passed by this Court in Writ

Petition No.5119/2016. These validity certificates were placed

before the Scrutiny Committee but the same were not

considered on the specious ground that the holders of those

validity certificate did not turn up before the vigilance cell.

J25wp903.2020.odt

4. In the light of the fact that two blood relatives and

three cousins of the petitioner have been issued validity

certificate, the impugned order invalidating the tribe claim of

the petitioner is liable to be set aside.

5. Accordingly, the order dated 30/01/2020 passed by

the Scrutiny Committee is set aside. It is declared that the

petitioner belongs to "Mannewar" Scheduled Tribe. The

Scrutiny Committee shall issue a validity certificate to the

petitioner within a period of six weeks from today.

6. Rule is made absolute in the aforesaid terms. No

costs.

                                            (G.A. SANAP, J.)                (A.S. CHANDURKAR, J.)
                                *DB




Signed By:DIVYA SONU BALDWA

Signing Date:22.12.2021 14:19