Bombay High Court
Akshay Avinash Shanime vs The State Of Maharashtra Thr Its ... on 15 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
953-WP-655-21
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 655 OF 2021
Akshay S/o Avinash Shanime ... Petitioner.
Versus
The State of Maharashtra
and another ... Respondents.
....
Mr. Sunil M. Vibhute, Advocate for the Petitioner.
Mr. S.K. Tambe, A.G.P. for Respondent Nos. 1 and 2.
Mr. S.G. Karlekar, Advocate for Respondent No.3.
....
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 15th JANUARY, 2021
PER COURT:-
1. The caste claim of the petitioner as "Koli Mahadev" Scheduled
Tribe is invalidated.
2. The learned counsel for the petitioner submits that the cousin
grandfather of the petitioner namely Vijaykumar is issued with the
validity certificate of "Koli Mahadev" Scheduled Tribe. Initially, the
committee had invalidated the caste claim of Vijaykumar. He filed
writ petition before this Court. This Court remanded back the matter
to the scrutiny committee. After remanding the matter, the scrutiny
committee examined the documents once again so also vigilance
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report and granted validity certificate to Vijaykumar. The learned
counsel further submits that the real paternal uncle of the petitioner
namely Kulbhushan is also issued with the validity certificate of "Koli
Mahadev" Scheduled Tribe. The contra entries, which the committee
contends as adverse were subject matter of the consideration while
granting the validity certificate to Vijaykumar. The learned counsel
submits that there is no suppression of the facts. The learned counsel
has placed reliance on the judgment in case of i n case of Apoorva D/o
Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee
No. 1 and others reported in 2010 (6) Mh.L.J. 401 to contend that the
validity certificate issued to the near relative is relevant fact. The
learned counsel also relied upon the judgment of the Apex Court in
case of Anand Vs. Committee for Scrutiny and Verification of Tribe
claim and ors. reported in (2012) 1 SCC 113 to contend that the
affinity test is not a litmus text.
3. Mr. Tambe, learned AGP submits that the petitioner failed to
prove the affinity test. There are documents showing contra entries of
"Koli". The committee has considered the said aspect in its correct
perspective and has arrived at the correct conclusion. The show cause
notices are issued to the Vijaykumar and the real paternal uncle
Kulbhushan as to why their proceedings shall not be re-opened.
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4. We have considered the submissions.
5. The documents relied by the petitioner were the subject matter
before the committee while granting the validity certificate to the
cousin grandfather of the petitioner namely Vijaykumar. The real
paternal uncle namely Kulbhushan is also issued with the validity
certificate by the committee based on the validity of the Vijaykumar.
The Division Bench in case of Apoorva D/o Vinay Nichale (supra) has
observed that the validity issued in favour of the nearest relative is to
be considered. The show cause notices are issued to the Vijaykumar
and Kulbhushan and other validity holders.
6. In the light of the above, we passe the following order.
7. The committee shall issue validity certificate to the petitioner of
"Koli Mahadev" (Scheduled Tribe). The said validity certificate shall be
subject to the decision that would be taken by committee in the
proceedings re-opened of the validity holders relied by the petitioner.
8. The writ petition is disposed of. No costs.
( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
S.P. Rane
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