Divya Shivaji Shinde vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 16436 Bom

                                     1                                wp 14325.2019

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

             1136 WRIT PETITION NO.14325 OF 2019

                DIVYA SHIVAJI SHINDE
                        VERSUS
  SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND
                        ANOTHER
                          ...
    Advocate for Petitioner: Mr. Sagar S Phatale
      AGP for Respondent No. 1: Mr. P. S. Patil
   Advocate for Respondent No. 2: Mr. A. R. Devkate
                          ...

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

                                     DATE:      26th NOVEMBER, 2021

 PER COURT:

1. The tribe claim of the Petitioner as Thakur,

Scheduled Tribe is invalidated.

2. The tribe claim of the present Petitioner and

her real brother Ajay Shivaji Shinde is

invalidated. It is invalidated under the common

Judgment by the Scrutiny Committee.

3. The brother Ajay Shivaji Shinde had filed

Writ Petition No. 11970 of 2019. The same is

allowed on 16.10.2019. This Court directed the

Committee to grant validity to the real brother of

2 wp 14325.2019

the Petitioner namely Ajay Shivaji Shinde. The

same is a conditional one.

4. In light of that, we follow the same course.

5. For the reasons recorded in the order dated

16.10.2019 passed in Writ Petition No. 11970 of

2019, we pass the following order.

6. The Committee shall issue validity

certificate to the Petitioner of Thakur, Scheduled

Tribe immediately.

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 Petitioner. In case

their claims are invalidated, the Petitioner will

have to face consequences.

8. Writ Petition accordingly stands disposed of.

No costs.

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