Umesh Namdev Nayane vs The State Of Maharashtra And ...
2021 Latest Caselaw 16352 Bom

                                             1                                994 wp.6505.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         994 WRIT PETITION NO.6505 OF 2021


1.        Umesh S/o Namdev Nayane,
2.        Onkar S/o Namdev Nayane.                         ... Petitioners

          Versus

The State of Maharashtra and others.                       ... Respondents


                                     ...
Mr. Hamzakhan I. Pathan, Advocate for Petitioners.
Mr. P. S. Patil, AGP for Respondent/State.
                                     ...


                                      CORAM : S. V. GANGAPURWALA &
                                              R. N. LADDHA, JJ.

                                      DATE       :   25th November, 2021.

PER COURT:

.                  The caste claim of the petitioners is invalidated.



2                  The learned counsel for petitioners submits that the caste

claim of the petitioners as belonging to Koli Mahadev Scheduled Tribe

is invalidated. Among other submissions, one of the submission made

by the learned counsel for petitioners is that the caste claim of another

real brother of the petitioners namely Atul S/o. Namdev Nayne was

also invalidated. He filed Writ Petition No.9358 of 2019 before the

Principal Seat at Bombay. The Division Bench of this Court at

Principal Seat allowed the said writ petition under order dated 26 th

August, 2019.

                                                    2                               994 wp.6505.21.odt




      3                  The learned AGP submits that there are contra entries on

record. The said fact has been considered by the Committee.

4 It appears that the relation of the present petitioners with

Atul S/o. Namdev Nayne i.e. petitioner in Writ Petition No.9358 of 2019

as real brother is not disputed.

5 In view of the judgment of the Division Bench of this Court

at Principal Seat dated 26th August, 2019 in Writ Petition No.9358 of

2019, we follow the same course.

6 The Committee shall issue validity certificate to the

petitioners of Koli Mahadev Scheduled Tribe.

7 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 petitioners.

8 The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga