Bombay High Court
Yogeshri Bhagwan Ingewad Thr Her ... vs The State Of Maharashtra And ... on 26 October, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
(1) 1034-wp-10253-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10253 OF 2021
YOGESHRI BHAGWAN INGEWAD HR HER FATHER BHAGWAN
BABARAO INGEWAD ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS
...
Mr. Chandrakant R. Thorat, Advocate for the
Petitioner.
Mr. S. G. Karlekar, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 26th OCTOBER, 2021.
PER COURT:-
1. Amongst the various contentions Mr.
Thorat, learned counsel submits that, the claim of
the petitioner is invalidated under a common
judgment and order dated 14.01.2021 in case of
present petitioner and her real sister Ku. Netra.
Ku. Netra has assailed the judgment invalidating
her tribe claim by filing Writ Petition
No.1339/2021. The same is allowed on 22.01.2021
and the Court had directed to issue conditional
validity certificate to her.
2. It is further submitted that, the real
brother of the petitioner Suhas and real sister
Sneha had applied for validity certificates of
Mannervarlu, Scheduled Tribe, the same were
(2) 1034-wp-10253-2021
invalidated. They filed writ petition bearing
no.8752 of 2019 and Writ Petition No.8773 of 2019
before this Court. This Court under judgment and
order dated 18.07.2019 allowed the writ petition.
3. We have also heard the learned A.G.P.
4. The learned A.G.P. does not dispute the
relationship of the petitioner with Suhas and Sneha
as real brother and sister of the petitioner.
5. This Court under the judgment dated
18.07.2019 in Writ Petition No. 8752 of 2019 and
Writ Petition No. 8773 of 2019 has observed as
under-
"5. As far as Khasra Patrak is concerned, in
fact there is no column of caste in the Khasra
Patrak. The Khasra Patrak would not enure to
the benefit of the petitioners. As far as
other documents of real uncle, father and the
petitioners are concerned the caste is
recorded as Mannervarlu and interpolation has
not been found as seen from the judgment of
the committee.
6. It appears that the cousin aunt of the
petitioners namely Yamuna Ramji had taken
admission on 20.06.1969 and in her record
Mannurvar caste is recorded. The same would be
a contra entry. However, there are consistent
entries in the record of the father, real
uncle and the aunt wherein caste is recorded
as Mannervarlu.
7. Considering the validities being
issued to the father and real paternal uncle
of the petitioners Suhas and Sneha and also to
the other family members in the same family,
(3) 1034-wp-10253-2021
we set aside the judgment of the committee and
direct the committee to issue validity
certificates to these petitioners of
Mannervarlu, Scheduled Tribe immediately. The
validity certificates issued to the
petitioners would be subject to the decision
that would be taken by the committee in case
the validation proceedings of the validity
holders relied by the petitioners are reopened
and some adverse decision is taken in the
same.
6. In light of the above, we follow the same
course.
7. The impugned judgment is quashed and set
aside. The committee shall issue validity
certificate to the petitioner of Mannervarlu,
Scheduled Tribe immediately. The said certificate
shall be subject to the decision that would be
taken by the committee in the validation
proceedings re-opened of the validity holders
relied by the petitioner.
8. Writ Petition is accordingly disposed of.
No costs.
(R. N. LADDHA) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/October-2021
