Sumit Subhashrao Govindwar vs The State Of Maharashtra And ...
2022 Latest Caselaw 1028 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               943 WRIT PETITION NO.1359 OF 2022
              SUMIT SUBHASHRAO GOVINDWAR
                         VERSUS
         THE STATE OF MAHARASHTRA AND ANOTHER
                           ...
  Advocate for Petitioner: Mr. Chandrakant R. Thorat
        AGP for Respondents: Mr. A. S. Shinde
                           ...

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

                                        DATE:       28th JANUARY, 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 10 Members of the Petitioner's family

are issued with the Validity Certificate of

Mannervarlu, Scheduled Tribe. The real sister of

the Petitioner is issued with the Validity

Certificate of Mannervarlu, Scheduled Tribe by the

Committee. The learned Counsel submits that

Pradeep son of real uncle of the Petitioner namely

Namdev had also applied for the Validity

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Certificate. His clam was invalidated. He filed

Writ Petition No. 10376 of 2017 before the

Principal Seat. The Division Bench at the

Principal Seat vide Judgment and Order dated

October 04, 2017 allowed the Writ Petition

directing the Committee to issue Validity

Certificate to him. Similarly, in case of another

brother of the Petitioner Pramod son of real uncle

of the Petitioner namely Namdev, the Division

Bench of this Court in Writ Petition No. 2080 of

2020 under Judgment dated 12th March, 2021 directed

the Committee to issue Validity Certificate to

him.

3. The learned A.G.P. submits that there are

contra entries on record in case of paternal

relatives of the Petitioner and one paternal

relative of the Petitioner namely Saylu S/o.

Govindrao Govindwar had also applied for validity

certificate. His claim was negatived in the

year-1994. Mr. Thorat, the learned Counsel submits

that the said Saylu S/o. Govindrao Govindwar is

not related to the Petitioner.

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 4.       Considering             the     Judgments         of      the      Division

Bench at Principal Seat and at this Bench in case

of the sons of the real uncle of the Petitioner,

we follow the same course.

5. For the reasons recorded in the Judgment and

Order dated October 04, 2017 in Writ Petition

No. 10376 of 2017 filed by the son of the real

uncle of the Petitioner namely Pradeep, we allowed

the present Writ Petition. The Committee shall

issue Validity Certificate to the Petitioner of

Mannervarlu, Scheduled Tribe. In case, the

Judgments dated October 04, 2017 in Writ Petition

No. 10376 of 2017 and the Judgment dated 12 th

March, 2021 in Writ Petition No. 2080 of 2020 are

reviewed, the present Judgment would be subject to

the same.

6. The Writ Petition accordingly stands disposed

of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]

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