Shubham Umakant Ghante And Another vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 23944 Bom

Bombay High Court

Shubham Umakant Ghante And Another vs The State Of Maharashtra Through Its ... on 14 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

                                1

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

              927 WRIT PETITION NO. 8624 OF 2024

         SHUBHAM UMAKANT GHANTE AND ANOTHER
                              VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
          Advocate for Petitioner : Mr. Jadhavar Pratap V.
         AGP for Respondent Nos. 1 to 3 : Mrs. S.S. Joshi
                                ...

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

                        DATE        : 14 AUGUST 2024

PER COURT :

            Heard.


2.          The petitioners are challenging the common order of

respondent no. 2 - Scrutiny Committee invalidating their 'Koli

Mahadev' scheduled tribe certificates.


3.          Issue notice to respondent nos. 1 to 3. Learned AGP

waives service of notice for all of them.


4.          Considering the fact that the impugned judgment and

order is common order in the matter of both these petitioner and

one Varsharani Vasant Ghante and taking into account the fact that
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in Writ Petition No. 7719/2024, Varsharani had challenge the self

same judgment and by the order dated 08 August 2024, for the

reasons recorded therein, she was held entitled to have a

certificate of validity subject to certain condition, no separate

judgment and order can be passed in matter of the petitioners in

respect of the self same order of the Scrutiny Committee which has

already been set aside in the matter of Varsharani.


5.         The writ petition is allowed partly. For the self same

reasons as we have recorded in the matter of Varsharani, the

impugned judgment is quashed and set aside even to the extent of

the petitioners. We, therefore, pas following order :

                              ORDER

a. The writ petition is partly allowed.

b. Impugned order dated 31.05.2024 passed by the respondent no. 2 / Scrutiny Committee is quashed and set aside to the extent of the petitioner.

c. The respondent no. 2 / Scrutiny Committee shall immediately issue certificate of validity to the petitioner of 'Koli Mahadev' (Scheduled Tribe) in prescribed proforma G without incorporating any conditions.

d. Certificate of validity would be subject to the outcome of reverification to be undertaken by the Committee of the validity holders.

e. Petitioners shall not be entitled to claim equities.

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

Thakur-Chauhan/-