Mohini Balaji Bodhgire vs The State Of Maharashtra Through ...
2023 Latest Caselaw 11280 Bom

                                       1                   970WP13851.2023.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD.

                  970      WRIT PETITION NO. 13851 OF 2023

                    ARYAN CHINODA BODHGIRE U/G OF
                     CHINODA BHUJANGA BODHGIRE
                                VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS
                         SECRETARY AND OTHERS

                                         AND
                  971          WRIT PETITION NO.13852 OF 2023

                     RAVISHANKAR BALAJI BODHGIRE
                                VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS
                         SECRETARY AND OTHERS

                                         AND
                  972          WRIT PETITION NO.13853 OF 2023

                      MRUNAL CHINODA BODHGIRE
                                VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS
                         SECRETARY AND OTHERS

                                         AND
                  973          WRIT PETITION NO.13854 OF 2023

                        MOHINI BALAJI BODHGIRE
                                VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS
                         SECRETARY AND OTHERS

                                   ...
                    Appearance in all the matters :
           Advocate for Petitioner : Madhur A. Golegaonkar
        AGP for respondents nos. 1 to 3/State : Mr. S. B. Yawalkar
                                   ...


                                       CORAM :   MANGESH S. PATIL
                                                     AND
                                                 NEERAJ P. DHOTE, JJ.

DATED : 02ND NOVEMBER 2023

2 970WP13851.2023.odt

PER COURT : -

. Heard both the sides.

2. By way of these four petitions, the real brothers and

sisters whose claims have been decided by two separate common

orders but for the selfsame reasons and on the basis of the selfsame

material, are challenging the orders of the Scrutiny Committee

confiscating and cancelling their 'Mannervarlu' Scheduled Tribe

certificates.

3. Considering the exigency, we have heard the matters

finally at the stage of admission.

4. As can be seen from the impugned order, the Committee

itself has enlisted as many as 46 family members to whom certificates

of validity have been issued from time to time. Out of those, 17

individuals have been granted conditional validities based on the

earlier validities by different orders of this Court. Since the

Committee has been alleging about the validity holders having

obtained the validity certificates by practicing fraud and has decided

to undertake review of all those validities, this Court has been

granting conditional validities.

3 970WP13851.2023.odt

5. As has been submitted by the learned advocate for the

Petitioners, even without going into the merits the petitioners are

entitled to certificates of validity subject to the final outcome of the

matters which the Committee has decided to reopen.

6. Writ Petitions are allowed partly. The impugned judgment

and order dated 04.10.2023 passed by the Scrutiny Committee is

quashed and set aside. The Committee shall immediately issue tribe

validity certificate to the petitioners as belonging to 'Mannervarlu'

Scheduled Tribe in the prescribed format without adding anything.

The validity certificate shall be subject to the final outcome of the

matters intended to be reopened by the Scrutiny Committee. The

petitioners shall not be entitled to claim equities.

7. Writ Petitions are disposed of.

     [NEERAJ P. DHOTE]                            [MANGESH S. PATIL]
          JUDGE                                       JUDGE




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