Bhagwath Shankar Ambatwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 652 Bom

                                        (1)                             952-wp-370-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
               952 WRIT PETITION NO.370 OF 2021

 BHAGWATH SHANKAR AMBATWAD                                       ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
                         ...
 Mr. Madhur A. Golegaonkar, Advocate for the
 Petitioner.
 Mr. S. R. Yadav-Lonikar, AGP for Respondents-State.
 Mr.   Sudha   Chintamani,  Standing   Counsel   for
 Respondent No.4.
                                              ...

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

DATED : 12th JANUARY, 2021.

PER COURT:-

1. The tribe claim of the petitioner as belonging to "Mannervarlu", Scheduled Tribe is invalidated.

2. Under the impugned judgment the tribe claims of the present petitioner and one Ku. Swapna D/o Narsinh Ambatwad are invalidated. Ku. Swapna is from the branch of Bhujangrao, whereas the present petitioner Ku. Bhagwati is from the branch of Rajeshwarrao. The Committee has relied upon the documents from the branch of Rajeshwarrao and Bhujangrao while invalidating the tribe claims of the petitioner and Ku. Swapna D/o Narsinh.

3. From the branch of Bhujangrao one Gayatri D/o shivaji, Govind S/o Kishanrao and Avinash S/o

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Kishanrao had also applied for validity certificates of "Mannervarlu", Scheduled Tribe. The Scrutiny Committee invalidated the tribe claims of these persons. They filed Writ Petitions before this Court. Govind S/o Kishanrao filed Writ Petition Bearing No.10515/2017 before Principal Seat at Bombay. The Division Bench at the Principal Seat at Bombay under judgment and order dated September 28, 2017 allowed the writ petition directed to grant validity to Govind. Subsequently, Gayatri D/o Shivaji filed Writ Petition bearing No.4892/2019 and Avinash S/o Kishanrao filed Writ Petition bearing No.8204/2020. The Division Bench of this Court allowed both the Writ Petitions setting aside the judgment of the Committee and directed the Committee to issue validity certificate of "Mannervarlu", Scheduled Tribe to them.

4. The Committee has not disputed the relationship of the petitioner with the validity holders and the petitioners in the writ petitions referred to above.

5. The Division Bench of this Court in case of Apoorva Nichale Vs. Divisional Caste Scrutiny Committee reported in (2010) 6 Mh.L.J. 401 has observed that if the paternal relatives are granted validity, the same would be a relevant consideration.

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6. In light of the above, for the reasons recorded in the judgment of the paternal relatives of the petitioners in Writ Petition No.4892/2019 dated 05th July, 2019, Writ Petition No.8204/2020 dated 14th December 2020 and at the Principal Seat in Writ Petition No.10515/2017 dated December 28, 2017 the impugned judgment qua the petitioner is quashed and set aside.

7. The Committee shall issue validity certificate to the petitioner of "Mannervarlu", Scheduled Tribe immediately.

8. In case, the Committee is successful in getting the judgment in Writ Petition No.4892/2019, Writ Petition No.8204/2020 and Writ Petition No.10515/2017 reveiwed, then the present judgment would be subject to the decision of the same.

9. Writ Petition is disposed of. No costs.

 (SHRIKANT D. KULKARNI)                       (S. V. GANGAPURWALA)
             JUDGE                                    JUDGE


 Devendra/January-2021