Citation : 2022 Latest Caselaw 795 Bom
Judgement Date : 20 January, 2022
906WP3868
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 WRIT PETITION NO. 3868 OF 2020
SHRUTI BABASAHEB GURLE THROUGH FATHER
BABASAHEB VISHWANATHRAO GURLE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Petitioner : Mr. S.M. Vibhute
AGP for Respondent - State : Mr. S.K. Tambe
CORAM : S.V. GANGAPURWALA AND
S.G. DIGE, JJ.
DATE : 20TH JANUARY, 2022 PER COURT :
The caste claim of the petitioner is invalidated under judgment
and order dated 01.08.2019, by the Scrutiny Committee. The caste
claims of three persons i.e. the present petitioner, Kum. Tejaswini
Suresh Gurle and Shri Krishna Gangadhar Gurle are invalidated by
common judgment.
2. Tejaswini Suresh Gurle challenged the said judgment by filing
Writ Petition No. 9076/2019 before the Principle Seat at Bombay.
The Division Bench of this Court at Principal Seat at Bombay under
the judgment and order dated 20.08.2019, directed the committee to
issue validity certificate to Tejaswini. Similarly, the caste claim of the
real sister of the petitioner - Shubhangi was also invalidated by
906WP3868
separate judgment. She filed Writ Petition No. 7520/2018, before the
Principle Seat at Bombay. The Division Bench of this Court at
Principle Seat at Bombay, under the judgment and order dated
23.07.2018, allowed the Writ Petition directing the Committee to
issue validity certificate to Shubhangi of 'Mannervarlu' Scheduled
Tribe.
3. The relationship is not disputed. The factual matrix as narrated
above are also not disputed.
4. In view of that, we follow the same course and pass following
order.
5. The Committee shall issue validity certificate to the petitioner
of 'Mannervarlu' Scheduled Tribe. The said validity certificate shall
be subject to the decision that would be taken by the committee in
the proceedings reopened of the validity holders relied by the
petitioner.
5. Writ Petition is disposed of. No costs.
( S.G. DIGE, J. ) ( S.V. GANGAPURWALA, J. )
S.P.C.
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