Rehan S/O. Rehman Shah vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 8547 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR
                       WRIT PETITION NO.2251 OF 2021
       (Rehan s/o Rehman Shah vs. The State of Maharashtra and another)
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
                               Ms. Payal Kaware, Advocate h/f Shri S.S. Dhengale,
                               Advocate for petitioner.
                               Ms. N.P. Mehta, Assistant Government Pleader for
                               respondents.
                                                        --------
                                                    CORAM : SUNIL B. SHUKRE AND
                                                            ANIL S. KILOR, JJ.

DATED : JUNE 28, 2021

Hearing was conducted through Video Conferencing and the learned Counsel for the parties agreed that the audio and visual quality was proper.

2) Issue notice for final disposal at the admission stage to the respondents.

3) Ms. Mehta, learned Assistant Government Pleader waives notice for the respondents.

4) The question, which is involved in this petition, is whether or not tribe validity certificate issued in favour of Rizwan Shah s/o Rehman Shah, brother of the petitioner by the Caste/Tribe Scrutiny Committee, Amravati would constitute a binding precedent for the future claims of the relatives of the brother of the petitioner by virtue of the basis of the

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tribe validity certificate issued in favour of the brother of the petitioner having been washed out by the Government Resolution dated 16/2/2015 ?

5) In our prima facie view, the basis for the tribe validity certificate issued in favour of the brother of the petitioner has been washed out by virtue of the Government Resolution dated 16/2/2015 and also the judgment of this Court in Writ Petition No.2802/2014 rendered on 4/12/2014 and, therefore, that tribe validity certificate could not be considered as precedent in the matter of issuance of tribe validity certificate in favour of the petitioner and as such, presently in our further prima facie opinion, no benefit can be drawn by the petitioner from the view taken by this Court in Writ Petition No.5163/2018 decided on 16/10/2019 and another similar matter. As such, we are of the view that no prima facie case has been made out for grant of interim relief and the prayer made in that behalf just now is rejected.

                                       6)    Stand over to four weeks.




                                                JUDGE                                  JUDGE


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