Bombay High Court
Mamta Raosaheb Lakhewad vs The State Of Maharashtra And ... on 10 March, 2021
Bench: S.P. Deshmukh, Abhay Ahuja
{1} wp14160-19
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.14160 OF 2019
Mamta Raosaheb Lakhewad PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Chandrakant R. Thorat, Advocate for the petitioner
Mr. S. N. Kendre, AGP for respondent - State
.......
[CORAM : SUNIL P. DESHMUKH AND
ABHAY AHUJA, JJ.]
DATE : 10th MARCH, 2021
ORDER :
1. Petitioner questions validity and propriety of decision dated
23rd October, 2019 given by respondent No. 3 - Scheduled Tribe
Certificate Verification Committee, Aurangabad.
2. It would be pertinent to refer to that while petitioner
questions aforesaid decision, petitioner's real sister 'Sapna' has
been issued tribe validity certificate of being ' Mannerwarlu'
scheduled tribe, under orders of a division bench of this court
dated July 23, 2018 in writ petition No. 7471 of 2018.
3. Learned advocate for the petitioner draws our attention to
observations of this court in aforesaid decision, wherein
{2} wp14160-19
committee's stand has been referred to, that certificate to uncle
Sanjay Koneri Lakhewad has been issued without taking into
account interpolation / adverse entries in the documents. So is
observed in present case as well.
4. The committee has also observed that some interpolations
have been there in the original record of Raosaheb Ramji
Lakhewad and also that there had been a different caste
recorded in respect of cousin as well as the validity holder
Sanjay Koneri Lakhewad, paternal uncle of petitioner.
5. The division bench had adverted to submissions on behalf
of the committee and had also further considered that decision
of the committee runs counter to the division bench judgment in
the case of "Apoorva Vinay Nichale V/s Divisional Caste Certificate Scrutiny
Committee No.1 and Others" reported in 2010 (6) Mh.L.J. 401, which is
based upon a judgment of the Supreme Court in the case of
"Raju Ramsing Vasave V/s Mahesh Deorao Bhivapurkar and Others" reported
in (2008) 9 SCC 54 as well as "Anand V/s Committee for Scrutiny for
verification of Tribe Claims and Others" reported in (2012) 1 SCC 113. The
division bench had thereafter reproduced paragraphs No. 7 and 9
from the decision of "Apoorva Nichale" (supra) and considered
that reason for rejection by the committee is unsustainable and
{3} wp14160-19
has directed to issue tribe validity certificate to Sapna, subject to
decision of the committee in the case of reopening of cases of
validity holders blood relatives to petitioners.
6. While it emerges that as on the date validity certificates of
blood relations as well as Sapna are intact, it would be
appropriate to follow often followed decision in the case of
"Apoorva Nichale" (supra).
7. As such, impugned order dated 23 rd October, 2019 passed
by respondent No. 3 Scheduled Tribe Certificate Scrutiny
Committee, Aurangabad is set aside. Respondent No. 3
Committee shall forthwith issue validity certificate to the
petitioner as belonging to "Mannervarlu" scheduled tribe. The
certificate would be subject to decision that would be taken by
the committee in the case of re-opening of the proceedings of
the validity holders related by blood relied upon by the
petitioner. In case, their certificates are cancelled, then the
petitioner may not be in a position to claim any equities and it
would be open for the committee, if the committee is of the view
that validity certificate obtained by validity holder is by playing
fraud, then the committee may resort to action against the
petitioner as would be available in law.
{4} wp14160-19
8. Parties to act upon authenticated copy of this order.
9. Writ petition stands disposed of.
[ABHAY AHUJA] [SUNIL P. DESHMUKH]
JUDGE JUDGE
drp/wp14160-19
