Mayuri Madhavrao Nilawad Through ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9425 Bom

                               1                            WP 11105.23

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                  WRIT PETITION NO. 11105 OF 2023

          Vyankati Baliram Nilawad
          Through Power of Attorney Holder
          Maroti Baliram Nilawad and another ..        Petitioners
               Versus
          The State of Maharashtra and another..       Respondents

                               AND
                  WRIT PETITION NO. 11128 OF 2023

          Mayur Madhavrao Nilawad
          Through Power of Attorney Holder
          Maroti Baliram Nilawad and others   ..       Petitioners
               Versus
          The State of Maharashtra and another..       Respondents

                               AND
                  WRIT PETITION NO. 11129 OF 2023

          Shital Uttam Nilawad
          Through Power of Attorney Holder
          Maroti Baliram Nilawad              ..       Petitioner
                Versus
          The State of Maharashtra and another..       Respondents

                               AND
                  WRIT PETITION NO. 11130 OF 2023

          Shivjit Uttam Nilawad
          Through Power of Attorney Holder
          Maroti Baliram Nilawad and others   ..       Petitioners
                Versus
          The State of Maharashtra and another..       Respondents

 Shri Sunil M. Vibhute, Advocate for the Petitioners in all
 matters.
 Shri S. G. Sangale, A.G.P. for the Respondent Nos. 1 and 2 in
 all matters.




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                                    2                            WP 11105.23


                           CORAM : MANGESH S. PATIL AND
                                    SHAILESH P. BRAHME, JJ.
                             DATE : 07 SEPTEMBER 2023.

 ORDER :

. For the reasons to be recorded separately, following operative order is passed.

ORDER

A. All the writ petitions are partly allowed.

B. The impugned judgment and order to the extent of petitioner Shivjit Uttam Nilawad and rest of the petitioners is quashed and set aside.

C. The respondent/Scrutiny Committee shall immediately issue certificate of validity to the petitioner Shivjit Uttam Nilawad as belonging to 'Mannervarlu' (Scheduled Tribe), which shall be subject to final outcome of the matters which the Committee has reopened in respect of the petitioners and other validity holders.

D. The matters of other petitioners in Writ Petition No. 11105 of 2023, Writ Petition No. 11128 of 2023 and Writ Petition No. 11130 of 2023 are remanded to the Scrutiny Committee for passing fresh orders in their respective matters.

                                3                               WP 11105.23

 E.       The learned A. G. P. shall immediately communicate

this order to the Scrutiny Committee.

F. The petitioner/Shivjit Uttam Nilawad shall not be entitled to claim equities.

G. The other petitioners in Writ Petition No. 11105 of 2023, Writ Petition No. 11128 of 2023 and Writ Petition No. 11130 of 2023 shall appear before the Scrutiny Committee on 18.09.2023.

H. The writ petitions are disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]

bsb/Sept. 23