Aditya Anil Chatlawar And Another vs The State Of Maharashtra And ...
2021 Latest Caselaw 1254 Bom

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                                                               W.P. 1033-2021

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 1033 OF 2021

Aditya s/o Anil Chatlawar and anr.                       ..       Petitioners

        Versus

The State of Maharashtra and ors.                        ..       Respondents

Mr S.M. Vibhute, Advocate for petitioners
Mr S.K. Tambe, A.G.P. for respondent-State

                                  CORAM : S.V. GANGAPURWALA AND
                                         SHRIKANT D. KULKARNI, JJ.

DATE : 19th January 2021

PER COURT :

1. The caste claims of the petitioners as 'Mannervarlu' - Scheduled Tribe

are invalidated.

2. The learned Counsel for the petitioners submits that the father of the

petitioners and two real uncles of the petitioners are issued with the validity

certificates of 'Mannervarlu' -Scheduled Tribe. One son and one daughter of

real uncle of the petitioners are also issued with the validity certificates of

'Mannervarlu' - Scheduled Tribe.

3. The learned Counsel for the petitioners placed reliance on the

judgment of Division Bench of this Court in 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 submit that the validity granted to

the paternal relative is a relevant factor.

4. The learned A.G.P. submits that the petitioner has failed in the affinity

test. Show cause notices are issued to the validity holders relied by the

petitioners as to why their proceedings should not be re-opened. There are

contra entries on record.

W.P. 1033-2021

5. Learned Counsel for the petitioners submits that before granting the

validity to the father of the petitioners, vigilance was conducted and many of

the persons referred to in the order are not relatives of the petitioners and

their contra entries are relied.

6. It is a matter of record that the father of the petitioners, two real uncles

of the petitioners, so also son and daughter of real uncle of the petitioners

are issued with the validity certificates of 'Mannervarlu' -Scheduled Tribe.

Vigilance was conducted before issuing validity to the father of the

petitioners. Show cause notices are issued to the validity holders relied by

the petitioners. In light of above, we pass the following order.

7. The impugned judgment and order passed by the Committee is

quashed and set aside.

8. The Committee shall issue validity certificates to the petitioners of

'Mannervarlu' - Scheduled Tribe immediately.

9. The said validity certificates 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.

10. Writ Petition disposed of. No costs.

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

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