Swapnil Digambarrao Padalwar vs The State Of Maharashtra And ...
2022 Latest Caselaw 1027 Bom

                                        (1)                             973-wp-1144-2022




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.1144 OF 2022

 SWAPNIL DIGAMBARRAO PADALWAR                                     ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND OTHERS                              ..RESPONDENTS
                        ...
 Mr. Sunil M. Vibhute, Advocate for the Petitioner.
 Mr. S. P. Tiwari, AGP for Respondents-State.
                                              ...

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

                                  DATED : 28th JANUARY, 2022.
 PER COURT:-

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


 2.               The      learned            counsel   for       the     petitioner
 submits that, the real brother of the petitioner
 namely          Sainath          is          issued    with       the        validity
 certificate by the Committee.                              The tribe claim of
 Sneha D/o. Chandrakant and Vaishnavi D/o Ramakant
 were invalidated.                     The Sneha and Vaishnavi are the
 daughters of real uncle of the petitioner's father.
 They had filed Writ Petition bearing Nos.10378/2017
 and 8917/2018 respectively.                           The Division Bench of
 this Court at Principal Seat at Bombay under order
 dated         October           04,     2017      allowed        Writ        Petition
 No.10378/2017 filed by Sneha D/o Chandrakant and
 directed             the         Committee            to     issue           validity


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                                         (2)                             973-wp-1144-2022



 certificate.                  The Division Bench of this Court at
 Aurangabad             under         order     dated       03rd     August,          2018
 allowed the Writ Petition No.8917/2018 filed by the
 Vaishnavi D/o Ramakant and directed the Committee
 to issue validity certificate to her.


 3.               The learned counsel further submits that,
 common         vigilance             was     conducted        in    the      case         of
 present petitioner and Soujanya D/o Chandrakant.
 The Committee had also invalidated the tribe claim
 of      Soujanya              D/o    Chandrakant.             She      filed         Writ
 Petition bearing No.1258/2022 before this Court.
 This       Court        under        order     dated       25 th   January,          2022
 directed             the            Committee         to      issue          validity
 certificate to her.


 4.               The learned A.G.P. does not dispute the
 relationship of the petitioner with the validity
 holders and the petitioners in the above referred
 writ petitions.

 5.               For the reasons recorded under order dated
 October 04, 2017 in Writ Petition No.10378/2017 at
 Principal            Seat       at     Bombay        and     order       dated        25 th
 January,           2022        in     Writ     Petition        No.1258/2022               we
 follow         the      same         course     and    pass        the     following
 order:
                                              ORDER

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

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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. So also would be subject to the decision that would be taken by the Court at Principal Seat at Bombay in the review petition that would be filed by the Committee against the judgment and order dated October 04, 2017 in Writ Petition No.10378/2017.

6. In the light of the above, the writ petition is disposed of. No costs.

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


 Devendra/January-2022