Bombay High Court
Shriharsh Sanjay Muddamwar Through ... vs The State Of Maharashtra Through Its ... on 13 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17954-DB
WP 7826 24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7826 OF 2024
1) Shriharsh s/o Sanjay Muddamwar,
Age 17 years, Occ. Education,
through natural guardian i.e.
father Sanjay Gangaram Muddamwar,
Age 48 years, Occ. Service.
2) Hitesh s/o Kailash Muddamwar,
Age 19 years, Occ. Education.
3) Krish s/o Kailash Muddamwar,
Age 18 years, Occ. Education.
All r/o. Tamlur, Tq. Degloor,
Dist. Nanded. ... Petitioner
VERSUS
1) The State of Maharashtra,
Tribal Development Department,
Through its Secretary, Mantralaya,
Mumbai.
2) Scheduled Tribe Certificate Scrutiny
Committee, Kinwat, having its
headquarter at Chhatrapati Sambhaji
Nagar, through its Member Secretary. ... Respondents
...
Advocate for Petitioner : Mr. S. S. Phatale
A.G.P. for Respondents/State : Mr. S.P. Joshi
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 13.08.2024
PER COURT :
The petitioners are taking exception to the judgment and order of
respondent no. 2-Scheduled Tribe Certificates Scrutiny Committee
constituted under the Maharashtra Act XXIII of 2001, confiscating and
WP 7826 24.odt
cancelling their 'Mannervarlu' scheduled tribe certificates.
2. We have heard both the sides finally with consent.
3. The learned advocate for the petitioners would advert our attention to
the genealogy and would endeavour to demonstrate that many of the blood
relatives of the petitioner possess certificates of validity, some of which have
been granted by the orders of this Court. Since the committee has decided
to undertake reverification of the validities granted to the blood relatives
with observation of they having practised fraud, the petitioners are ready to
run the risk of facing the consequences as contemplated in Shweta Balaji
Isankar Vs. State of Maharashtra and others (writ petition no. 6320 of
2017). He would submit that till the time the validity certificates of the
blood relatives are not confiscated and cancelled, they cannot be deprived of
having a similar benefit.
4. The learned A.G.P. opposes the petition. He submits that the
petitioners cannot be allowed to derive the benefit of the fraud perpetrated
by their blood relatives. There are number of entries in the school record of
the petitioners blood relatives expressly referred to in the impugned
judgment, which are inconsistent with the petitioners' claim of belonging to
'Mannervarlu' scheduled tribe. He would submit that even the invalidities of
earlier point of time of couple of blood relatives were concealed and the
petition be dismissed.
5. Admittedly, the petitioners' blood relatives Prajwal Anilkumar
Muddamwar, Ankita Anilkumar Muddamwar and Aditya Dattatraya
Muddamwar were granted validities by the orders of this Court in their
respective matters. Apart there from, as indicated in the genealogy filed by
petitioner Shriharsh's father Sanjay and which was before the scrutiny
committee, apart from these individuals there are almost 10 validites in the
family, some of which have also been referred to in the impugned judgment
and order. Since Rajendra Gangaram Muddamwar seems to be the first
WP 7826 24.odt
validity holder in the family, when we enquired with the learned A.G.P., who
has been assisted by the law officer of the respondent-scrutiny committee,
the original file of Rajendra Gangaram Muddamwar has not been made
available to us to ascertain if the parameters laid down in Maharashtra
Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and
others; 2023 SCC Online SC 326, can be applied. Even the impugned order
does not expressly deal with the circumstances under which Rajendra was
granted certificate of validity.
6. Under these circumstances, without expressing anything in respect of
the inference drawn by the committee regarding the fraud perpetrated by
some of the validity holders, when even this Court has granted validities,
may be conditionally, to some of the blood relatives, the petitioners are
entitled to have certificates of validity as they are ready to run the risk of
facing the consequences as contemplated in Shweta Balaji Isankar (supra).
7. The writ petition is partly allowed. The impugned order is quashed
and set aside. The respondent no. 2-committee shall immediately issue tribe
validity certificates to the petitioners as belonging to ' Mannervarlu'
scheduled tribe in the prescribed format without adding anything. The
validity shall be subject to the final outcome of the matters which the
committee has decided to reopen.
8. The petitioners shall not be entitled to claim equities.
( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)
mkd/-
