Yash Vikram Deoraj vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 22680 Bom

Bombay High Court

Yash Vikram Deoraj vs The State Of Maharashtra Through Its ... on 5 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:17008-DB
                                                                      34 WP 4085 OF 2024.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               34 WRIT PETITION NO. 4085 OF 2024

                                 YASH VIKRAM DEORAJ
                                       VERSUS
                   THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
                                SECRETARY AND OTHERS
                                          ...

                   Advocate for the Petitioner : Mr. Barlinge Sudhir Raghunath
                       AGP for Respondent nos. 1 to 3 : Mrs. P.J. Bharad

                                    CORAM                 : MANGESH S. PATIL &
                                                            SHAILESH P. BRAHME, JJ.

                                    DATE                  : 05.08.2024


             PER COURT :

We have heard both the sides finally, at the stage of admission.

2. The petitioner is challenging the order of respondent no. 2-committee refusing to validate his 'Tokare Koli' scheduled tribe certificate.

3. Irrespective of the merits, what transpires is the fact that the petitioner has been relying upon the validities issued to his real brothers Paresh and Mayur. The committee under the pretext that they had practised fraud upon the then committee in obtaining the certificates of validity had issued them show cause notices and subsequently cancelled their scheduled tribe validity certificates. In Writ Petition No. 8581/2021, Presh and Mayur challenged the order of the committee, confiscating and cancelling their scheduled tribe validity certificates. By the judgment and order dated 06.02.2024, their writ petition was allowed and their tribe validity certificates were restored.

34 WP 4085 OF 2024.odt

4. In view of such supervening events, when the validities issued to the petitioner's real brothers Paresh and Mayur have been sustained by the order of this Court, even the petitioner is entitled to have a certificate of validity.

5. The Writ Petition is allowed. The impugned order is quashed and set aside. The respondent no. 2-committee shall immediately issue a certificate of validity to the petitioner as belonging to the 'Tokre Kole' scheduled tribe.

 ( SHAILESH P. BRAHME, J.)                              (MANGESH S. PATIL, J.)



mkd/-