Ajit Uttamrao Bodhgire vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 2109 Bom

                                                                                             967
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                         967 WRIT PETITION NO.2059 OF 2021

                       AJIT UTTAMRAO BODHGIRE
                                  VERSUS
      THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
                                     ...
               Advocate for Petitioner: Mr. Vibhute Sunil M.
             AGP for respondents/State: Mr S R Yadav Lonikar


                                        CORAM    : S. V. GANGAPURWALA &
                                                   SHRIKANT D. KULKARNI, JJ.
                                        DATE     : 2nd February,        2021
ORDER:

1. Caste claim of the petitioner as Mannervarlu Scheduled Tribe is

invalidated.

2. Amongst various contentions, one of the contentions of the

learned counsel for the petitioner is that Tajesh Balaji Bodhgire and the

present petitioner are the paternal relatives. Their claims are decided by

common judgment by the Committee under the impugned order. Tejas

Balaji Bodhgire has field Writ Petition bearing No. 2046/2021. The same is

allowed by this Court.

3. We have also heard the learned A.G.P.

4. It appears that relationship is not disputed. The other paternal

relatives of the petitioner namely Ganesh Sudhakar Bodhgire and

Sanjivani Sudhakar Bodhgire are issued with the validity certificates under

orders of this Court at Bombay and Aurangabad Bench.

5. Considering the above, we pass following order:

ORDER

i. The impugned order is quashed and set aside.

ii. The Committee shall issue validity certificate to the petitioner of

Mannervarlu Scheduled Tribe immediately. The said validity certificate

shall be subject to the decision that would be taken by the

Committee in proceedings re-opened of the validly holders relied by

the petitioner.

6. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC