Bombay High Court
Shubham Ashok Bodhankar vs The State Of Maharashtra And ... on 8 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.566 OF 2022
WITH
CIVIL APPLICATION NO.1282 OF 2022
SHUBHAM ASHOK BODHANKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. S. M. Vibhute
AGP for Respondents No. 1&2: Mr. S. K. Tabme
Advocate for Respondent No. 3: Mr. M. D. Narwadkar
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE,JJ.
DATE: 08th FEBRUARY, 2022
PER COURT:
1. The caste claim of the Petitioner as
belonging to Mannervarlu, Scheduled Tribe is
invalidated.
2. The learned Counsel for the Petitioner
submits that the father of the Petitioner is
issued with the validity certificate of
Mannervarlu, Scheduled Tribe. Five cousin paternal
uncles of the Petitioner are issued with the
validity certificate of Mannervarlu, Scheduled
Tribe. One paternal cousin brother and paternal
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cousin grandfather are also issued with the
validity certificate of Mannervarlu, Scheduled
Tribe. The contra entries which are relied by the
Committee were also subject matter of
consideration in the vigilance while issuing
validity certificate to Prahlad Ramchandra
Bodhankar who is also referred to as Chandar. The
learned Counsel relies on the Judgment Of the
Division Bench of this Court in case of Apporva
Vinay Nichale Vs. Divisional Caste Certificate
Scrutiny Committee and others reported in 2010 (6)
Mh.L.J. 401 and submits that the validities issued
in favour of the relatives is a relevant fact.
3. The learned A.G.P. submits that apart from
the contra evidence the Sale Deed executed by
Chandar the cousin grandfather of the Petitioner
in June-2011 very clearly records that he does not
belong to Adiwasi. This declaration on the part of
Chandar @ Ramchandra that he does not belong to
Scheduled Tribe establishes that the Petitioner is
not Scheduled Tribe. The said document is a
registered document. According to the learned
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A.G.P., the Petitioner has failed in the affinity
test also.
4. The learned Counsel for the Petitioner
submits that in the year-2009 itself Prahlad has
been issued with the validity certificate by the
Committee by conducting a detailed vigilance. That
Chandar was illiterate person, permission was
required to be obtained by the purchaser. The
purchaser mislead him and got the Sale Deed
executed. The learned Counsel submits that the
Petitioner has filed affidavit of Prahlad S/o.
Ramchandar @ Chandar showing the manner in which
Sale Deed is executed and that within a period
of 1 month the steps would be taken in respect of
the Sale Deed. We are not much impressed by the
said argument. It is the purchaser who will be in
jeopardy.
5. It would appear that 9 paternal relatives are
issued with the validity certificate prior to the
execution of the Sale Deed. The said list is as
under-
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अ. वैधताधारकाचे नाव अरर दार यांचेशी नाते वैधता ददनांक शेरा
क.
१. श्री. रावसाहेब महारन बोधनकर चुलत काका १०/११/२००५ वैध
२. श्री. साहेबराव महारन बोधनकर चुलत काका ०३/०७/२००८ वैध
३. श्री. नागोराव मारोती बोधनकर चुलत काका ०२/१२/२००८ वैध
४. श्री. दवरय गंगाधर बोधनकर चुलत काका २३/१२/२००९ वैध
५. श्री. बोधनकर गोववद गंगाधर चुलत काका २३/१२/२००९ वैध
६. श्री. बोधनकर गंगाधर खंडोरी चुलत आरोबा २६/०५/२०१० वैध
७. श्री. बोधनकर बळवंत वयंककराव चुलत भाऊ ०८/०२/२०११ वैध
८. श्री. बोधनकर अशोक दविलराव वडील १८/०४/२०११ वैध
९. श्री.प्रह्लाद रामचंद उरंद्रर चंदर बोधनकर चुलत काका १४.१२.२००९ वैध
6. All these validities are issued prior to the
execution of the Sale Deed by Chandar. The said
Sale Deed is of June-2011.
7. After the validities are issued in favour of
the paternal relatives the Sale Deed is said to
have been executed. If the Sale Deed would have
been earlier in point of time it would certainly
impact upon the case of the Petitioner.
8. Considering the earlier validities issued
and the affidavit filed by the son of the
executant of the said Sale Deed and that the
validities are issued prior to the execution of
the Sale Deed and further the show cause notices
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are also issued to them we pass the following
order.
9. The Committee shall issue validity
certificate to the Petitioner of Mannervarlu,
Scheduled Tribe.
10. The said certificate shall be subject to the
decision that would be taken by the Committee in
the proceedings re-opened of the validity holders
relied by the Petitioner.
11. The Writ Petition accordingly stands disposed
of. No costs.
12. In view of disposal of the Writ Petition, the
Civil Application also stands disposed of.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
