Bombay High Court
Vedant Baliram Koneri vs The State Of Maharashtra Through ... on 28 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
(1) 969-wp-668-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.668 OF 2022
VEDANT BALIRAM KONERI ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Chandrakant R. Thorat,
Advocate for the
Petitioner.
Mr. S. P. Tiwari, AGP for Respondent Nos.1 and 3.
...
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. Mr. Thorat, learned counsel for the
petitioner submits that, father of the petitioner
is issued with the validity certificate of
'Mannervarlu', Scheduled Tribe. There are other
six family members of the petitioner who are issued
with the validity certificates of 'Mannervarlu',
Scheduled Tribe. The learned counsel relies on the
judgment of the Division Bench of this Court in
case of Apoorva Nichale Vs. Divisional Caste
Scrutiny Committee reported in (2010) 6 Mh.L.J. 401
to contend that, validities issued in favour of the
near relatives is a relevant fact.
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(2) 969-wp-668-2022
3. The learned counsel for the petitioner
further submits that, no facts were suppressed
while issuing validities to paternal relatives.
The Committee has relied upon the adverse entries
of Munarwad of 'd i=d' standing in the name of the
great grandfather and uncle of the petitioner
namely Naga Piraji and Maruti Piraji. The same
were already subject matter of consideration while
granting validity to the Sandeep Maruti Koneri, the
paternal cousin of the petitioner. The learned
counsel further submits that, the vigilance did not
find any interpolation in the school record of the
father of the petitioner and cousin aunt of the
petitioner while issuing validity to the father of
the petitioner. In the present matter, the
Committee considered it differently.
4. The learned A.G.P. submits that, there are
contra entries on record. The contra entries are
also appearing in the school record of the other
relatives namely Gangadhar Piraji and Laxmibai
Konure.
5. According to Mr. Thorat, learned counsel
for the petitioner, the said persons are not the
relatives of the petitioner.
6. According to the learned A.G.P. Sandeep
Maruti Koneri was given validity on the basis of
the persons who were not relatives.
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(3) 969-wp-668-2022
7. We have considered the submissions
canvassed by the learned counsel for the respective
parties.
8. The following persons in the family of the
petitioner are issued with the validity
certificate.
v-dz- nLr,sot/kkjdkps uko vtZnkj dz-01 lferhus fnysyk fu.kZ;kpk fnukad
"kh ukrs fu.kZ;
1- Jh- g.kear fijkth dksusjh pqyrk oS/k [email protected]@2003
2- Jh- lafni ekjksrh dksusjh pqyr Hkkm oS/k [email protected]@2006
3- Jherh- fiz;adk guqearjko dksusjh pqyr cfg.k oS/k [email protected]@2010
4- Jh- lfpu ekjksrh dksusjh pqyr Hkkm oS/k [email protected]@2011
5- Jherh- laink ekjksrh dksusjh pqyr cfg.k oS/k [email protected]@2011
6- Jh- cGhjke fijkth dksusjh oMhy oS/k [email protected]@2011
7- Jherh- izf.krk guqearjko dksusjh pqyr cfg.k oS/k [email protected]@2011
9. It appears that, adverse revenue entries
in the revenue record standing in the name of the
great grandfather and uncle of the petitioner
namely Naga Piraji and Maruti Piraji were subject
matter of consideration while issuing validity
certificate to Sandeep Maruti Koneri. The
relationship of the petitioner with Gangadhar
Piraji and Laxmibai Konure could not be
established. According to the Committee, they are
relatives and contra entry exists in their school
record.
10. Considering the earlier validities issued
and the fact that, the suppression of the adverse
entries do not appear while issuing validity
certificates to the earlier validity holders in the
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(4) 969-wp-668-2022
family of the petitioner, we 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.
11. Writ Petition is disposed of. No costs.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/January-2022
