Shivanand Vijay Chaudhari vs Scheduled Tribe Certificate ...
2022 Latest Caselaw 1083 Bom

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                                                                        1383.22WP

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                          17 WRIT PETITION NO.1383 OF 2022

                         SHIVANAND VIJAY CHAUDHARI
                                       VERSUS
                   SCHEDULED TRIBE CERTIFICATE SCRUTINY
                     COMMITTEE, AURANGABAD & OTHERS
                                          ...
               Advocate for the petitioner : Mr.Mahesh S. Deshmukh
                     AGP for Respondent-State : Mr.A.R.Kale
                                          ...
                              CORAM : S.V.GANGAPURWALA &
                                        S.G.DIGE, JJ.

                                 DATE : 31.01.2022
          P.C. :

          1]               The caste claim of the petitioner as belonging to
          Rajgond Scheduled Tribe is invalidated.


          2]               The caste claim of the petitioner is invalidated
          under the common judgment dated 2 nd December, 2021 in
          case of the present petitioner and one Sumit Vinayak
          Chaudhari; both are paternal cousins.


          3]               Mr.Deshmukh,      learned     counsel         for     the
          petitioner submits that this Court under order dated 8 th
          December, 2021 has directed the Committee to issue
          validity to Sumit Vinayak Chaudhari.




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                                                                         1383.22WP

          4]               We have heard learned counsel for the
          petitioner and learned AGP.


          5]               The relationship of the petitioner with Sumit
          Vinayak Chaudhari that of paternal cousin is not disputed.
          Even otherwise the Committee had invalidated the claim of
          the present petitioner and Sumit Vinayak Chaudhari under
          common judgment, meaning thereby same vigilance is
          being relied and both are parental cousins. In view of the
          judgment dated 8th December, 2021 passed by this Court in
          Writ Petition No.13701 of 2021, we follow the same course
          and pass the following order :


                                          ORDER

[a] The Committee shall issue validity certificate to the petitioner of 'Rajgond' Scheduled Tribe.

[b] The said validity certificate shall be subject to the decision that would be taken by the Committee in the proceedings re-opened of the validity holders relied by the petitioner.

6] The Writ Petition is disposed of. No costs.

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

DDC