Citation : 2022 Latest Caselaw 652 Bom
Judgement Date : 18 January, 2022
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 663 OF 2022
Vitthal Ganpatrao Sangapwad .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Chandrakant R. Thorat, Advocate for the Petitioner.
Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 and 3.
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, real paternal cousin of the petitioner namely Vaishnavi D/o Ashok had also applied for validity certificate. Her claim was invalidated. She filed Writ Petition No. 7466 of 2018 before the Principal Seat at Bombay. The Division Bench of this Court at the Principal Seat at Bombay under judgment and order dated 23 rd July, 2018 allowed the said writ petition directing the Committee to issue conditional validity.
3. We have also heard the learned Assistant Government
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Pleader for respondents/State.
4. The respondents do not dispute relationship of the present petitioner with Vaishnavi D/o Ashok. She is daughter of real paternal uncle of the petitioner.
5. Considering the judgment of the Division Bench of this Court at Bombay in the case of real paternal cousin of the petitioner bearing Writ Petition No. 7466 of 2018 dated 23.07.2018, 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 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.
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
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