Shailesh Laxman Yeotiwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 15776 Bom

                                         (1)                                 5-wp-10814-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
                WRIT PETITION NO.10814 OF 2021

 SHAILESH LAXMAN YEOTIWAD                                             ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
                        ...
 Mr. Madhur A. Golegaonkar, Advocate for the
 Petitioner.
 Mr. P. S. Patil, AGP for Respondents-State.
                                               ...
                                  CORAM : S. V. GANGAPURWALA &
                                          R. N. LADDHA, JJ.
                                  DATED : 15th NOVEMBER, 2021.
 PER COURT:-
 1.               The          tribe     claim         of     the      petitioner              as
 belonging            to       'Mannervarlu',               Scheduled            Tribe         is
 invalidated.

 2.               Amongst the other submissions, one of the
 submission            made       by     the       learned         counsel         for      the
 petitioner             is       that,         the     real        brother          of      the
 petitioner namely Shubham Laxman Yeotiwad had also
 applied for the validity certificate.                                     The same was
 invalidated.                  Subham challenged the same by filing
 Writ Petition before this Court.                                  This Court under
 judgment            and        order          dated        20.11.2020            in       Writ
 Petition           (Stamp)        No.21439/2020                allowed          the       writ
 petition and directed the validity to be issued to
 the real brother of the petitioner.

 3.               The          learned         A.G.P.       accepts          notice         for
 respondent nos.1, 2 and 3 and submits that, this
 Court         had       directed              issuance         of       the       validity
 depending upon the judgment that would be delivered


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                                      (2)                                 5-wp-10814-2021



 in the proceedings reopened of the validity holders
 relied by the petitioner.                         There are many contra
 entries which were suppressed while validity was
 obtained by the father, uncle of the petitioner.

 4.               As this Court has already passed an order
 on         20.11.2020             in       Writ          Petition               (Stamp)
 No.21439/2020 directing validity be issued to the
 real brother of the petitioner, we follow the same
 course and pass the similar order:

                                           ORDER

I. The impugned judgment and order is quashed and set aside.

II. The Committee shall issue validity certificate to the petitioner of 'Mannervarlu' Scheduled Tribe immediately.

III. The said validity certificate would be subject to the decision that would be taken by the Committee in the proceedings that may be reopened of the validity holders relied upon by the petitioner.

IV. Writ Petition is accordingly disposed of.

No costs.

   (R. N. LADDHA)                                   (S. V. GANGAPURWALA)
          JUDGE                                             JUDGE


 Devendra/November-2021