Krantikumar Venkatrao Darmod And ... vs The State Of Maharashtra Through Its ...
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Bombay High Court

Krantikumar Venkatrao Darmod And ... vs The State Of Maharashtra Through Its ... on 6 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:17387-DB

                                                1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             966 WRIT PETITION NO. 9263 OF 2023

                            1. KRANTIKUMAR VENKATRAO DARMOD
                               2. BHAVANA VENKATRAO DARMOD
                                             VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                                ...
                          Advocate for Petitioners : Mr. R.K. Mendadkar
                        a/w. Mr. Vijay Gangalwad and Mr. Sagar S. Phatale
                              AGP for Respondents : Mr. V.M. Jaware
                                                ...

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

                                        DATE           : 06 AUGUST 2024


              PER COURT [Shailesh P. Brahme, J.] :

                           This petition is disposed of finally in view of exigency

              of the petitioners.


              2.           Petitioners are the siblings and they are aggrieved by

              judgment     and      order   dated   26.07.2023,    invalidating    and

              confiscating their tribe certificates.


              3.           Learned counsel for the petitioners tenders on record

              application dated 01.12.2022 with affidavit of Pandharinath

              Dharmaji Darmod which were submitted before Committee. He
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would rely upon the validity certificate of real uncle Pandharinath

which was issued after following due procedure of law. The reason

assigned by the Committee for discarding validity of Pandharinath

is contended to be perverse.


4.           Learned AGP tenders on record original file of validity

holder Panbdharinath. He would point out that school record of

Potanna and Kamalbai was incompatible and that of Vyankatrao

and Pandharinath was manipulated. He further submits that

validity certificate was rightly discarded by the Committee. The

Committee has issued show cause notice to Pandharinath.


5.           We have considered rival submissions of the parties.

There is no dispute that Pandharinath is real uncle of the

petitioners. Vigilance enquiry was conducted in his matter and by

speaking order, he was issued with validity certificate by the

Committee.


6.           We have gone through vigilance report and speaking

order from the original papers. The certificate of validity of

Pandharinath would corroborate the tribe claim.         Unless the

validity is revoked, petitioners cannot be deprived of same social
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status. The contrary entries and manipulation in the school record

pointed out by learned AGP would not deter us from issuing

conditional validity.


7.                 The petitioners are ready to run the risk as

contemplated              by   Shweta    Balaji   Isankar     Versus   State   of

Maharashtra and others, passed by this High Court in Writ Petition

No. 5611/2018. Impugned judgment and order is liable to be

quashed. Hence, we pass following order :

                                        ORDER

i. Writ Petition is allowed partly.

ii. Impugned judgment and order is quashed ans set aside.

iii. Respondent no. 2 - Scrutiny Committee shall issue tribe validity certificates to the petitioners forthwith subject to outcome of reverification of validity certificate of Pandharinath.

iv. Petitioners shall not claim any equity.

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

Thakur-Chauhan/-