Neha Nandkumar Govindwar vs The State Of Maharashtra And ...
2021 Latest Caselaw 653 Bom

                                       (1)                             937-wp-355-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
               937 WRIT PETITION NO.355 OF 2021

 NEHA NANDKUMAR GOVINDWAR                                       ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
                        ...
 Mr. Chandrakant R. Thorat, Advocate for the
 Petitioner.
 Mrs. V. S. Chaudhari, AGP for Respondents-State.
                                             ...

                                  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.               Amongst         various        submissions          one      of     the
 submission made by Mr. Thorat, learned counsel for
 the petitioner is that real cousin sister of the
 petitioner namely Vaishnavi D/o Venkat Govindwar
 had also applied for the issuance of the validity
 certificate of "Mannervarlu", Scheduled Tribe.                                       The
 same was invalidated.                       Ku. Vaishnavi preferred Writ
 Petition bearing Writ Petition No.9226/2019 before
 this Court at it's Principal Seat at Bombay.                                         The
 Division Bench at Principal Seat allowed the writ
 petition filed by the real cousin Vaishnavi and
 directed            the         Committee        to    grant          conditional
 validity.


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 3.               We      have       also       heard       learned         A.G.P.          for
 respondents.


 4.               The Division Bench at Principal Seat under
 order dated August 21, 2019 in case of Vaishnavi in
 Writ Petition No.9226/2019 observed as under:


           7.       In the circumstances, in the light of
           the judgment in the case of law laid down
           in the cases of Apoorva Nichale, Anand vs.
           Committee and Raju Ramsing Vasave (supra),
           the petitioner is entitled to be granted
           caste          validity              certificate            forthwith.
           However, the issuance of the certificate
           shall be subject to the outcome of the
           show cause notice which has been issued
           against             the        father           Venkat        Govindrao
           Govindwad             of        the        Petitioner            by       the
           Committee                 as         the         caste          validity
           certificate issued to the father Venkat
           Govindrao Govindwad of the petitioner is
           found         to     be        based       on    interpolation               /
           adverse entries.


 5.               In light of the above, we follow the same
 course and pass the following order:

                                           ORDER

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

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      B. The         said       validity      certificate            shall       be
            subject            to   the     decision     that       would        be

taken by the Committee in the proceedings reopened of the validity holders relied by the petitioner.

6. Writ Petition is disposed of. No costs.

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

Devendra/January-2021