Rutuja Rajeshwar Kurukwad Thr ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 457 Bom

                                        1                                  wp 231.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               944 WRIT PETITION NO. 231 OF 2021

       RUTUJA RAJESHWAR KURUKWAD THROUGH FATHER AND
      NATURAL GUARDIAN RAJESHWAR PANDURANG KURUKWAD
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
                 Advocate for Petitioner:
     S. M. Vibhute h/f. Mr. Chinchole Ghanshyam K.
    AGP for Respondents/State: Mrs. M. A. Deshpande
                             ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.
                               DATE:    08th JANUARY, 2021

 PER COURT:

 1.       The      tribe        claim       of   the   petitioner           as     Koli

 Mahadev, Scheduled Tribe is invalidated.


 2.       Heard Mr. Vibhute, learned Counsel for the

 petitioner and the learned Additional Government

 Pleader.


 3.       It is pointed out that the tribe claim of the

 petitioner              is      invalidated           under         the        common

 judgment dated 21.11.2020. Pursuant to the said

 judgment, tribe claim of four person including the

 petitioner were invalidated. All those persons are




::: Uploaded on - 08/01/2021                           ::: Downloaded on - 07/02/2021 05:35:10 :::
                                        2                                      wp 231.2021

 the paternal relatives of the petitioner. Two of

 them namely Kum. Vaibhavi and Kum. Vishnavi D/o.

 Baburao          had      challenged         the       said      judgment           dated

 21.11.2020             before        this    Court          in     Writ       Petition

 No. 8343 of 2020. This Court under judgment and

 order         dated       18.12.2020         partly          allowed        the      writ

 petition             and       directed           to        issue        conditional

 validity to them.


 4.       It      appears         that       the        relationship            of      the

 present petitioner with the petitioners in Writ

 Petition           No.        8343   of     2020       is    not     a    matter         of

 dispute, they are the paternal cousins.


 5.       In Writ Petition No. 8343 of 2020 this Court

 under order dated 18.12.2020 observed thus -

          "..
          5. It is a matter of record that the father
          of the petitioners is issued with the
          validity   certificate   of    "Koli   Mahadev"
          Scheduled   Tribe.   Many    of   the   entries
          considered as adverse by the Committee in the
          present matter were also subject matter of
          the consideration when validity was issued to
          the father of the petitioners. In respect of
          Perapatrak   of   1941,   the   committee   has
          observed that the caste is not appearing in
          the original record though in the copy filed
          by the petitioners, the same appears. The
          Tahsildar of Mudhol, who had issued the same



::: Uploaded on - 08/01/2021                              ::: Downloaded on - 07/02/2021 05:35:10 :::
                                          3                                  wp 231.2021

          copy, has given a letter to the Sub-
          Divisional Officer, Bhokar that the said
          document is verified from the record and same
          is genuine one.
          .."

 6.       For      the         reasons       recorded       in    the      aforesaid

 judgment, we follow the same course and pass the

 following order.

                                             ORDER

[I] The impugned order is quashed and set

aside to the extent of petitioner.

[II] The Committee shall issue validity

certificate to the petitioner of "Koli Mahadev",

Scheduled Tribe.

[III] The said certificate shall be subject to

the decision that would be taken by the Committee

in the proceedings re-opened of validity holders

relied by the petitioner.

7. Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

marathe