Bombay High Court
Aditi Shirish Dulewad vs The State Of Maharashtra And ... on 5 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 914-WP-68-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 68 OF 2022
ADITI SHIRISH DULEWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Sunil M. Vibhute
AGP for Respondents-State : Mr. S. K. Tambe
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 5th JANUARY, 2022
PER COURT :-
1. The tribe claim of the petitioner as belonging to "Mannervarlu"
scheduled tribe is invalidated.
2. Mr. Vibhute, learned counsel for the petitioner submits that father
of the petitioner had also applied for validity of "Mannervarlu"
scheduled tribe. His claim was invalidated. He filed writ petition No.
2007 of 1994. The Division Bench of this Court under judgment and
order dated 15-01-2004 allowed the writ petition and directed the
Committee to issue validity certificate to the father of petitioner.
Similarly, paternal cousins of the petitioner are issued with validities.
v-dza- nkokdR;kZps uko vtZnkj ;kP;k"kh tekr nkO;kpk fu.kZ; fnukad
ukrslaca/k fu.kZ;
1 lfork f"kofyax nqYgsokM vkR;k oS/k [email protected]@2003
2 f"kjh"k f"kofyax nqYgsokM oMhy oS/k [email protected]@2004
3 nRrklarks"k xq:ukFk nqYgsokM pqyr dkdk oS/k [email protected]@2005
4 x.ks"k txUukFk nqYgsokM pqyr HkkÅ oS/k [email protected]@2006
5 Jhdkar jes"kjko nqYgsokM pqyr HkkÅ oS/k [email protected]@2006
6 jkenkl txUukFk nqYgsokM pqyr HkkÅ oS/k [email protected]@2006
7 ;ksxs"k iaMhr nqYgsokM pqyr dkdk oS/k [email protected]@2007
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2 914-WP-68-22.odt
8 oS"kkyh iaMhr nqYgsokM pqyr vkR;k oS/k [email protected]@2007
9 eatq"kk txUukFk nqYgsokM pqyr cgh.k oS/k [email protected]@2008
10 jes"k ekjksrjko nqYgsokM pqyr dkdk oS/k [email protected]@2008
11 ckykth x.kir nqYgsokM pqyr HkkÅ oS/k [email protected]@2009
12 feuy jes"kjko nqYgsokM pqyr cgh.k oS/k [email protected]@2009
13 Lo:ik f"kofyax nqYgsokM pqyr vkR;k oS/k [email protected]@2010
14 f"kodqekj f"kofyaxjko dkdk oS/k [email protected]@2010
nqYgsokM
15 fdj.k lqjs"k nqYgsokM pqyr HkkÅ oS/k [email protected]@2011
16 lat; x.kirh nqYgsokM pqyr HkkÅ oS/k [email protected]@2021
3. According to learned counsel for the petitioner, validities issued to
paternal cousin is a relevant fact. Some of the contra entries on record,
which are relied by the Committee while invalidating the tribe Claim of
the petitioner were also subject-matter of consideration while issuing
validity to Dattasantosh Dulhewad paternal cousin of the petitioner.
There are (16) validity certificates issued in favour of the paternal
relatives of the petitioner. The learned counsel for petitioner submits
that the affinity test is not a litmus test. In support of said submission,
he relies upon the judgment of the Apex Court in the case of Anand
Versus Committee for Scrutiny and Verification of Tribe Claim and
others reported in (2012)1 SCC 113.
4. Mr. Tambe, learned AGP submits that there are many contra
entries on record. All these entries were not subject matter while issuing
validity certificate to the father of the petitioner. The petitioner failed in
the affinity test. Show cause notice has been issued to the validity
holders relied upon by the petitioner.
5. We have considered the submissions. The relationship of the
petitioner with the persons, who are issued with validity certificates, is
not disputed. Sixteen (16) paternal relatives of the petitioner were
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issued with validity certificates of 'Mannervarlu' scheduled tribe.
6. The Division Bench of this Court in Writ Petition No. 2007 of 1994
filed by the father of the petitioner under judgment and order dated
15-01-2004 directed the Committee to issue validity certificate to the
father of the petitioner. The said judgment has become final. Some of
the contra entries relied upon by the Committee were also subject-
matter for consideration while issuing validity certificate to
Dattasantosh, paternal cousin of the petitioner.
7. In light of the judgment delivered by the Division Bench of this
Court in the case of father of the petitioner and validities issued to
nearest relatives, so also, the fact that contra entries were also the
subject matter of consideration in the earlier validity proceedings, we
pass the following order;
ORDER
(i) The Committee shall issue validity certificate to
the petitioner of 'Mannervarlu' scheduled tribe
immediately.
(ii) In case, the order of this Court in Writ Petition
No. 2007 of 1994 dated 15-01-2004 is reviewed,
then decision by the Committee in present case
would be subject to the same.
8. Writ petition is disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
