Bombay High Court
Shreya Kailas Kamble vs The State Of Maharashtra And ... on 8 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 wp 1787.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 WRIT PETITION NO.1787 OF 2022
WITH
CIVIL APPLICATION NO.3934 OF 2022
SHREYA KAILAS KAMBLE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner: Mr. Yeramwar Sushant C.
AGP for Respondents: Mr. A. S. Shinde
...
CORAM: S. V. GANGAPURWALA &
S. G. DIGE,JJ.
DATE: 08th FEBRUARY, 2022
PER COURT:
1. The caste claim of the Petitioner as
belonging to Koli Mahadev, Scheduled Tribe is
invalidated.
2. The learned Counsel submits that the father
of the Petitioner is issued with the validity
certificate of Koli Mahadev, Scheduled Tribe. The
real paternal uncle of the Petitioner is issued
with the validity certificate of Koli Mahadev,
Scheduled Tribe. The learned Counsel further
submits that the caste claim of the real brother
of the Petitioner Omkar was also invalidated. He
2 wp 1787.2022
filed Writ Petition No. 10392 of 2017 before this
Court at the Principal Seat. The Division Bench at
the Principal Seat under the Judgment and order
date 27.09.2017 allowed the Writ Petition setting
aside the Judgment of the Committee and directed
the Committee to issue validity certificate to
him. Pursuant to the said Judgment the validity
certificate is issued to Omkar. The learned
Counsel submits that not a single contra entry
appears. All the contra entries relied are of the
maternal side by the Committee.
3. The learned A.G.P. submits that apart from
the contra entries on the maternal side one Sale
Deed of the cousin grandfather of the Petitioner
is also relied wherein cousin grandfather of the
Petitioner sated that he is not Adiwasi. The Sale
Deed is of the year-1989.
4. We have also heard Mr. Lale, learned Counsel
for the Intervenor.
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5. It is not disputed that the father of the
Petitioner is issued with the validity certificate
of Koli Mahadev, Scheduled Tribe. The real
paternal uncle is issued with the validity
certificate of Koli Mahadev, Scheduled Tribe. The
caste claim of the real brother of the Petitioner
namely Omkar was invalidated. He filed Writ
Petition No. 10392 of 2017 before this Court at
the Principal Seat. The Division Bench at the
Principal Seat under the Judgment and Order dated
27.09.2017 allowed the said Writ Petition and
directed the Committee to issue validity
certificate. The said Judgment is final.
6. In view of the Judgment delivered by this
Court at the Principal Seat in case of real
brother of the Petitioner and for the reasons
recorded therein we follow the same course and
pass the following order.
7. The Committee shall issue validity
certificate to the Petitioner of Koli Mahadev,
Scheduled Tribe.
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8. In case, the Committee gets the Judgment of
the Division Bench at the Principal Seat dated
27.09.2017 in Writ Petition No. 10392 of 2017
reviewed then, the present Judgment would be
subject to the same.
9. The Writ Petition accordingly stands disposed
of. No costs.
10. In view of disposal of the Writ Petition, the
Civil Application also stands disposed of.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
marathe
