Bombay High Court
Rahul Sanjay Sambutwad And Others vs The State Of Maharashtra And ... on 10 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2472 OF 2021
1. Rahul Sanjay Sabutwad
2. Aishwarya Vasant Sambutwad
3. Mahesh Balaji Sambutwad ... Petitioners.
Versus
The State of Maharashtra
and others ... Respondents.
....
Mr. P.V. Jadhavar, Advocate for the Petitioners.
Mr. P.K. Lakhotiya, A.G.P. for Respondent Nos. 1 and 2.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 10th FEBRUARY, 2021
PER COURT:-
1. The tribe claim of the petitioners as belonging to "Koli
Mahadev" Scheduled Tribe is invalidated.
2. The learned counsel for the petitioners submits that there are
12 validity certificates issued in favour of paternal relatives of the
petitioners. The father of the petitioners, real uncle and real aunt and
others are issued with the validity certificates. The real uncle of the
petitioners Chandrakant has issued with the validity certificate in the
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year 1980. Rajesh the son of Chandrakant is issued with the validity
certificate under the order of this Court in writ petition No.3268 of
1996 dated 11.07.1996. The learned counsel relies on the judgment
of the Division Bench of this Court in case of Apoorva Vinay Nichale
Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and others ,
reported in 2010 (6) Mh. L. J. 401 to submit that validity granted to
the paternal relatives is a relevant fact.
3. Mr. Lakhotiya, learned A.G.P. submits that real uncle of the
petitioner namely Vasant Irrana had also applied for issuance of
validity certificate. His claim was invalidated in the year 1984. The
said fact is suppressed by the petitioner and the other family members
of the petitioner and obtained validity certificates. There are contra
entries on record to establish that the petitioner does not belong to
"Koli Mahadev" Scheduled Tribe. The petitioner failed in the affinity
test.
4. We have considered the submissions.
5. It is the matter of record that the father of the petitioners, real
paternal uncle, real aunt and the son of the real uncle of the
petitioners are issued with the validity certificates of "Koli Mahadev"
Scheduled Tribe. The cousin brother of the petitioners namely Rajesh
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Chandrakant is issued with the validity certificate under the order of
this Court in writ petition No.3268 of 1996 dated 11.07.1996. It also
further appears that the show cause notices are issued to the validity
holders relied by the petitioner.
6. In the light of that, we pass the following order.
7. The impugned order is quashed and set aside. The scrutiny
committee shall issue validity certificate to the petitioners of "Koli
Mahadev" Scheduled Tribe immediately.
8. The said validity certificate would be subject to the decision
that would be taken by the committee in the proceedings re-opened of
the validity holders relied by the petitioners.
9. The writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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