Bombay High Court
Netra Bhagwan Ingewad vs The State Of Maharashtra And ... on 22 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 wp 1339.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1042 WRIT PETITION NO. 1339 OF 2021
NETRA BHAGWAN INGEWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Thorat Chandrakant R.
AGP for Respondents/State: Mr. S. R. Yadav Lonikar
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 22nd JANUARY, 2021
PER COURT:
1. The caste claim of the petitioner as
belonging to Mannervarlu, Scheduled Tribe is
invalidated.
2. Amongst various contentions Mr. Thorat, the
learned Counsel submits that the real brother of
the petitioner Suhas and real sister Sneha had
applied for validity certificates of Mannervarlu,
Scheduled Tribe, the same were invalidated. They
filed writ petition bearing no. 8752 of 2019 and
Writ Petition No. 8773 of 2019 before this Court.
This Court under judgment and order dated
18.07.2019 allowed the writ petition.
2 wp 1339.2021
3. We have also heard the learned A.G.P.
4. The learned A.G.P. does not dispute the
relationship of the petitioner with Suhas and
Sneha as real brother and sister of the petitioner
5. This Court under the judgment dated
18.07.2019 in Writ Petition No. 8752 of 2019 and
Writ Petition No. 8773 of 2019 has observed as
under-
"5. As far as Khasra Patrak is concerned, in
fact there is no column of caste in the
Khasra Patrak. The Khasra Patrak would not
enure to the benefit of the petitioners. As
far as other documents of real uncle,
father and the petitioners are concerned the
caste is recorded as Mannervarlu and
interpolation has not been found as seen from
the judgment of the committee.
6. It appears that the cousin aunt of the
petitioners namely Yamuna Ramji had taken
admission on 20.06.1969 and in her record
Mannurvar caste is recorded. The same would
be a contra entry. However, there are
consistent entries in the record of the
father, real uncle and the aunt wherein caste
is recorded as Mannervarlu.
7. Considering the validities being issued
to the father and real paternal uncle of the
petitioners Suhas and Sneha and also to the
other family members in the same family, we
set aside the judgment of the committee and
direct the committee to issue validity
3 wp 1339.2021
certificates to these petitioners of
Mannervarlu, Scheduled Tribe immediately. The
validity certificates issued to the
petitioners would be subject to the decision
that would be taken by the committee in case
the validation proceedings of the validity
holders relied by the petitioners are
reopened and some adverse decision is taken
in the same.
6. In light of the above, we follow the same
course.
7. The impugned judgment is quashed and set
aside. The committee shall issue validity
certificate to the petitioner of Mannervarlu,
Scheduled Tribe immediately. The said certificate
shall be subject to the decision that would be
taken by the committee in the validation
proceedings re-opened of the validity holders
relied by the petitioner.
8. Writ Petition is accordingly disposed of. No
costs.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
