Bombay High Court
Sahikh Sadiya Almas Wahid Tadvi ... vs The State Of Maharashtra And ... on 6 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
961 WRIT PETITION NO.6916 OF 2020
SAHIKH SADIYA ALMAS WAHID TADVI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. C. R. Thorat
AGP for Respondent Nos. 1 to 3 : Mr. S.K. Tambe
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 6th JANUARY , 2021.
...
PER COURT :
. The petitioner are challenging the show cause notice issued
to them seeking reopening of the validation proceedings.
2. The petitioners are issued with the validity certifcate of
'Tadavi' Scheduled Tribe by the committee. The show cause
notice is issued to the petitioners on the count that the persons
namely 1) Abdul Ajij Abdul Hakik Shaikh 2) Ku. Maseera Parvin
Mohd. Ashfak Shaikh 3) Ku. Saba Mohd. Ajaj Shaikh and 4) Ku.
Irfana Bano Abdul Majid Shaikh had applied for issuance of
validity certifcate of 'Tadavi' Scheduled Tribe and they had
pleaded that the present petitioners are validity holders and their
relatives. The committee invalidated the claim of these persons
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and as such show cause notice is issued to the petitioners as to
why the validity granted to the petitioners should not be
reconsidered.
3. It is pointed out that Ku. Maseera Parvin Mohd. Ashfak
Shaikh and Ku. Saba Mohd. Ajaj Shaikh had fled Writ Petition No.
5641 of 2020 before this Court against the invalidation of the
tribe claim as 'Tadavi' Scheduled Tribe. This Court under
judgment and order dated 9th October, 2020 set aside the
judgment of the committee and directed the committee to issue
validity certifcate to the petitioners of Writ Petition No. 5641 of
2020.
4. This Court on 9th October, 2020 passed the following
operative order in Writ Petition No. 5641 of 2020 fled by Ku.
Maseera and Ku. Saba.
"1) The impugned judgment and order is
quashed and set aside.
2) The Committee shall issue validity
certifcates to the petitioners of Tadvi Scheduled
Tribe.
3) In case, the judgment of this Court, in Writ
Petition No. 430 of 1992 dated 03.05.2014 are
reviewed, then the respondents may proceed
against the petitioners in accordance with law.
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4) Writ petition is accordingly disposed of. No
costs".
5. The basis for issuance of the show cause notice to the
petitioners for reopening the validity granted them does not
survive as this Court has set aside the judgment of the
committee in case of Ku. Maseera and Ku. Saba in Writ Petition
No. 5641 of 2020 under judgment and order dated 9 th October,
2020.
6. In light of above, we pass the following order :
ORDER
1) The impugned show cause notice is quashed
and set aside.
2) In case, the judgment of this Court, in Writ
Petition No. 430 of 1992 dated 03.05.2014 are
reviewed, then the respondents may proceed
against the petitioners in accordance with law.
3) Rule is accordingly made absolute in the
above terms.
4) Writ petition is disposed of. No costs.
(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)
vsm/-
