Gajanan Shivaji Siddamwad vs The State Of Maharashtra And ...
2022 Latest Caselaw 651 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                       WRIT PETITION NO. 593 OF 2022

          Gajanan Shivaji Siddamwad                    ..   Petitioner

                   Versus

          The State of Maharashtra and others          ..   Respondents

 Shri Sunil M. Vibhute, Advocate for the Petitioner.
 Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 to 4.
 Shri Kishor C. Sant, Advocate for the Respondent No. 5.

                           CORAM :    S. V. GANGAPURWALA AND
                                      SHRIKANT D. KULKARNI, JJ.

DATE : 18TH JANUARY, 2022.

FINAL ORDER :

. The caste claim of the petitioner as belonging to 'Mannervarlu' (Scheduled Tribe) is invalidated.

2. Amongst other submissions, one of the submission of the learned advocate for the petitioner is that, the caste claim of the real brother of the petitioner namely Nitin Shivaji was also invalidated. He filed Writ Petition No. 10373 of 2017 before the this Court at Principal Seat at Bombay. The Division Bench at the Principal Seat at Bombay under judgment and order dated 28th September, 2017 allowed the writ petition directing the Committee to issue conditional validity.

3. We have also heard the learned Assistant Government Pleader for respondents/State.

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4. The respondents do not dispute relationship of the present petitioner with Nitin Shivaji.

5. Considering the judgment of the Division Bench of this Court at Bombay in the case of real brother of the petitioner bearing Writ Petition No. 10373 of 2017 dated 28 th September, 2017, we follow same course and pass similar order.

6. The Committee shall issue validity certificate to the petitioner of 'Mannervarlu' (Scheduled Tribe). The said validity certificate would be subject to the decision that may be taken by the Committee in the proceedings reopened of the validity holders relied by the petitioner.

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

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

bsb/Jan. 22