Shubham Shankar Dugamwar vs The State Of Maharashtra And ...
2022 Latest Caselaw 1606 Bom

                                        (1)                              1051-wp-1578-2022




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.1578 OF 2022

 SHUBHAM SHANKAR DUGAMWAR                                          ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS                               ..RESPONDENTS
                        ...
 Mr. Madhuar A. Golegaonkar, Advocate for                                                the
 Petitioner.
 Mr. A. S. Shinde, AGP for Respondents-State.
                                              ...

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

                                  DATED : 16th FEBRUARY, 2022.
 PER COURT:-

 1.               The          tribe     claim       of    the      petitioner               as
 belonging            to       'Mannervarlu',             Scheduled           Tribe          is
 invalidated.


 2.               Amongst          other          submissions,          one       of     the
 submission               of      the         learned       counsel            for       the
 petitioner is that, real brother of the petitioner
 Shivam s/o Shankar Dugamwar had also applied for
 the         validity             certificate              of       'Mannervarlu',
 Scheduled Tribe.                 The said claim was invalidated by
 the Scrutiny Committee.                            He filed Writ Petition
 bearing No.8631/2018 before the Principal Seat at
 Bombay.           The Division Bench at the Principal Seat
 at      Bombay         under      judgment          dated        July        25,       2018
 allowed the said Writ Petition and directed the
 Committee           to        issue     validity         certificate           to      him.


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                                           (2)                             1051-wp-1578-2022



 All the entries which are subject matter in the
 present          case         are        also     the     subject           matter           of
 consideration in the said case.


 3.               The learned A.G.P. on going through the
 said judgment does not dispute the relationship of
 the petitioner with Shivam s/o Shankar Dugamwar.


 4.               For      the       reasons        stated       in the          judgment
 dated July 25, 2018 passed by the Division Bench at
 Principal             Seat          at         Bombay     in       Writ         Petition
 No.7631/2018, we adopt the same course and pass the
 following order:


                                                ORDER

A. The Committee shall issue validity certificate to the petitioner of 'Mannervarlu', Scheduled Tribe.

B. The said validity certificate shall be subject to the decision that may be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioner.

5. Writ Petition is disposed of. No costs.

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


 Devendra/February-2022