Aishwarya Venktesham Rautwar vs The State Of Maharashtra And ...
2022 Latest Caselaw 1435 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 1993 OF 2022

 Aishwarya Venktesham Rautwar                                    .. Petitioner

          Versus

 The State of Maharashtra and another                            .. Respondents

 Mr. Chandrakant R. Thorat, Advocate for the Petitioner.
 Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 and 2.

                               CORAM :    S. V. GANGAPURWALA &
                                          S. G. DIGE, JJ.

DATED : 10th FEBRUARY 2022.

PER COURT:-

. The tribe claim of the petitioner as belonging to "Mannervarlu"

(Scheduled Tribe) is invalidated.

2. We have heard Mr. Thorat, learned counsel for the petitioner and

Mr. Patil, learned Addl. G.P. for respondent Nos. 1 and 2.

3. The petitioner is relying upon the validities issued in favour of

Monika d/o Ramesh, Ganpat s/o Pandharinath, Manohar s/o

Ganpatrao and others.

4. Upon perusal of the files of Ganpat and others we do not find

father of the petitioner to be shown as their relatives. Ganpat has also

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given statement to the effect that he does not have real brother. The

father of the petitioner namely Venktesham claims to be the brother of

Ganpat.

5. The relationship as per the available record cannot be said to be

proved between the petitioner and the validity holders.

6. Mr. Thorat, learned counsel for the petitioner submits that

opportunity be given to the petitioner to prove the relationship before

the committee.

7. Considering the fact that, the matter involves social status of the

petitioner, we are inclined to give one more opportunity to the

petitioner.

8. In the light of the above, the impugned judgment is set aside.

The parties are relegated before the committee.

9. The petitioner shall appear before the committee on 16.02.2022.

The committee shall thereafter endeavour to decide the proceedings

expeditiously. The petitioner may prove the relationship with other

validity holders as relied by the petitioner.

10. The committee shall decide the proceedings expeditiously and

preferably within a period of four (04) weeks from the date of

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appearance of the petitioner.

11. Writ petition is disposed of. No costs.

 ( S. G. DIGE )                                 ( S. V. GANGAPURWALA )
    JUDGE                                                 JUDGE




 P.S.B.




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