Bombay High Court
Vinyaka S/O Narayan Ratul vs The State Of Maharashtra Dept. Of Tribal ... on 14 December, 2023
Author: A.S. Chandurkar
Bench: A. S. Chandurkar
2023:BHC-AS:38053-DB
1 509-wp-10445-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10445 OF 2023
Vinayak s/o Narayan Ratul
Age-57 years, Occ. Service
R/o At-Morajkarwadi, Post-Pinguli,
Tq. Kudal, Dist. Sindhudurg. ... Petitioner
V/s.
The State of Maharashtra
Department of Tribal Development,
lMantralaya, Mumbai-32
Through its Secretary.
The Scheduled Tribe Certificate Scrutiny
Committee, Konkan Division, Thane,
Tq. & Dist. Thane.
Through its Member Secretary.
The Superintending Engineer (O& M),
Maharashtra State Electricity Distribution
Co. Ltd., Sindhudurg Circle, MIDC Area,
MSEDCL Campus, Kudal-416 520,
Tq. Kudal, Dist. Sindhudurg ... Respondents
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Mr. Sahil Choudhary i/b. Mr. Sushant J. Yeramwar for Petitioner.
Mr. N. C. Walimbe, Addl. GP a/w. Mr. R. P. Kadam, AGP for Respondent-
State.
-----
Digitally
signed by
ASHVINI
ASHVINI BAPPASAHEB
BAPPASAHEB KAKDE
CORAM : A. S. CHANDURKAR &
KAKDE Date:
2023.12.18
10:29:31
FIRDOSH P. POONIWALLA, JJ.
+0530
DATE : 14TH DECEMBER 2023
Oral Judgment (Per A.S. Chandurkar J.):-
1. Not on board. Upon mentioning taken on board.
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2. Rule. Rule made returnable forthwith and heard learned
Counsel for the parties.
3. The challenge raised in this Writ Petition is to the order dated
03.07.2023 passed by the Scrutiny Committee cancelling the validity
certificate that was issued to the Petitioner of belonging to Thakar Scheduled
Tribe. We find that the Scrutiny Committee on 16th December 2022 issued a
Show Cause Notice to the Petitioner calling upon him to explain as to why
the validity certificate issued to him on 30.03.2019 may not be canceled in
view of invalidation of the claims of his son, Vinayak as well as his nephew,
Rohan. It is not in dispute that the Petitioner's son Narayan has been issued a
validity certificate pursuant to the order passed by this Court in Writ Petition
13551 of 2023 (Narayan S/o Vinayak Ratul V/s. The State of Maharashtra &
Ors.) dated 16th November 2022. Such validity certificate has been issued to
Narayan on 17th November 2022. Similarly the claim of the Petitioner's blood
relative Rohan has also been upheld by the order passed in Writ Petition No.
15122 of 2022 (Rohan s/o Digambar Ratool V/s. The State of Maharashtra &
Anr.) vide order dated 4th January 2023.
4. From the aforesaid adjudication it is clear that the basis for
issuance of the show cause notice to the Petitioner does not survive. In view
of the fact that the Petitioner's son and nephew have already been issued
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Validity Certificates, the order passed by the Scrutiny Committee canceling
the Petitioner's validity Certificate cannot survive. Accordingly, the order
dated 03.07.2023 passed by the Scrutiny Committee is set aside. The validity
certificate issued to the Petitioner on 30.03.2019 stands restored.
5. Rule made absolute in above terms with no order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)
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