Vidhi Venkat Thakke vs The State Of Maharashtra And ...
2021 Latest Caselaw 91 Bom

                                        1                                   wp 9136.20

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               88 WRIT PETITION NO. 9136 OF 2020

                  VIDHI VENKAT THAKKE
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
     Advocate for Petitioner: Mr. Vibhute Sunil M.
    AGP for Respondents No. 1 & 2: Mr. P. S. Patil
  Advocate for Respondent No. 3: Mr. M. D. Narwadkar
                           ...

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

DATE: 04th JANUARY, 2021

PER COURT:

1. The tribe claim of the petitioner as

Mannervarlu, Scheduled Tribe is invalidated.

2. The learned Counsel submits that father of

the petitioner is issued with the validity

certificate of the Mannervarlu, Scheduled Tribe

after conducting vigilance. Two sons and two

daughters of the real uncle of the petitioner's

namely Hanumant and Shankar are issued with the

validity certificate of Mannervarlu, Scheduled

Tribe. The learned Counsel for the petitioner

relies on the judgment of this Court in case of

2 wp 9136.20

Apoorva Vinay Nichale Vs. Divisional Caste

Certificate Scrutiny Committee No. 1 and others

reported in 2010 (6) Mh. L. J. 401. The learned

Counsel submits that affinity test is not the

litmus test. The learned Counsel relies on the

judgment of the Apex Court in case of Anand Vs.

Committee for Scrutiny and Verification of Tribe

Claims and others reported in (2012) 1 SCC 113.

3. The learned A.G.P. submits that the father

has been issued with the validity certificate,

however the contra entries found out by the

committee in the present matter were not brought

before the committee while granting validity to

the father of the petitioner. The other paternal

cousins of the petitioner are granted validity on

the basis of the validity given to the father. As

contra entries were not brought on record while

granting validity to the father of the petitioner,

the validity granted to the father of the

petitioner is of no avail. The petitioner has

failed in the affinity test also. Show cause

notice has been issued to the father of the

3 wp 9136.20

petitioner as to why the validity certificate

should not be cancelled.

4. We have considered the submissions canvassed

by the learned Counsel for respective parties.

5. It is not disputed that the father of the

petitioner is issued with the validity certificate

after conducting vigilance. Four paternal cousins

of the petitioner i.e. the sons and daughters of

the real uncle of the petitioner are also issued

with the validity certificate probably on the

basis of the validity issued to the father of the

petitioner. The affinity test is not the litmus

test as held by the Apex Court in case of Anand

Vs. Committee for Scrutiny and Verification of

Tribe Claims and others (supra). It appears that

some of the documents in the present case were

subject matter of consideration before the

committee while granting validity to the father of

the petitioner. In case of father of the

petitioner show cause notice is also issued to the

father of the petitioner.

                                       4                                wp 9136.20

 6.       In     light         of   that,   we   pass      the       following

 order.

7. The impugned order is quashed and set aside.

The committee shall issue validity certificate to

the petitioner of Mannervarlu, Scheduled Tribe.

The said certificate shall be issued subject to

the decision that would be taken by the committee

in the 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