Shirish Shahaji Boyane vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9741 Bom

                                       1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                     902 WRIT PETITION NO.11605 OF 2023

                           SHIRISH SHAHAJI BOYANE
                                     VERSUS
                THE STATE OF MAHARASHTRA AND ANOTHER
                                         ...
             Advocate for Petitioners : Mr. Sunil Mahadevappa Vibhute
                    AGP for Respondents : Mr. S.G. Sangale
                                           ...
                                CORAM          : MANGESH S. PATIL &
                                                 SHAILESH P. BRAHME, JJ.

                                DATE           : 15 SEPTEMBER 2023


OPERATIVE ORDER :

               For the reasons recorded separately, we pass following order :

                                       ORDER

i. The Writ Petition is partly allowed.

ii. The impugned judgment and order dated 12.09.2023,

passed by the Scrutiny Committee, is quashed and set aside.

iii. The Committee shall immediately issue tribe validity

certificate to the petitioner as belonging to 'Koli Mahadev'

scheduled tribe, which shall be subject to the decision to be

taken by the Committee in the matters which it intends to

reopen in respect of the validity holders.

iv. The certificate of validity shall be issued in the

prescribed format without incorporating other conditions

/additions.

v. The petitioner shall not be entitled to claim equities.

vi. Considering the urgency in the matter, we request

learned AGP to communicate this order to the Committee

immediately, since the Law Officer of the Committee is

present in this Court.

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

spc/