Bombay High Court
Sayli Bhumanna Raytuwar vs The State Of Maharashtra Through Its ... on 26 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:19381-DB
1 wp 8933.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8933 OF 2024
Sayli Bhumanna Raytuwar .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
Shri Sagar S. Phatale, Advocate for the Petitioner.
Shri V. M. Chate, A.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 26 AUGUST, 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard both sides finally considering exigency of the
petitioner.
2. The petitioner is assailing judgment and order dated
12.08.2024 passed by the respondent No. 2/Scrutiny Committee
confiscating and invalidating her tribe certificate of Mannervarlu,
scheduled tribe. The petitioner seeks to rely on the validity
certificates of her father and cousin brother Onkar. The learned
counsel for the petitioner submits that as the self same record
has already been verified on earlier occasion, she is entitled to
receive validity certificate on the ground of parity.
3. The learned Assistant Government Pleader would support
2 wp 8933.24
the impugned judgment and order. He would submit that the
Scrutiny Committee has rightly discarded the certificate of
validity upon which reliance is placed by the petitioner. He
would point out that school record of Narsimalu and Potanna is
incompatible with the tribe claim and that of Shripati is found to
be tampered one. He would submit that the Committee has
taken reasonable and plausible view and no interference is called
for.
4. We have considered rival submissions of the parties. It
transpires from record that Hanmanlu, father of the petitioner
was issued with the validity certificate after conducting vigilance
enquiry. It also transpires that cousin brother of the petitioner
Onkar was issued with the validity certificate by orders of the
coordinate bench passed on 17.11.2020 in Writ Petition No. 1715
of 2020. In his matter petitioner's father i. e. Bhumanna's
certificate of validity was relied upon as well as the school record
of various relatives was considered. He was issued with the
validity certificate conditionally. We propose to follow same
reasoning and the course.
5. Though the learned A. G. P. has pointed out adverse record.
The Committee has proposed to undertake reverification of the
earlier validity holders. The petitioner is ready to run the risk of
facing consequences in view of the judgment in the matter of
Shweta Balaji Isankar Vs. The State of Maharashtra and
others judgment dated 27 July 2018 in W. P. No. 5611 of
3 wp 8933.24
2018. On the ground of party, the petitioner deserves to be
issued with the validity certificate conditionally. We, therefore,
pass following order.
ORDER
a. The writ petition is allowed partly.
b. The impugned judgment and order dated 12.08.2024
passed by the respondent No. 2/Scrutiny Committee is quashed
and set aside.
c. The respondent No. 2/Scrutiny Committee shall issue
validity certificate to the petitioner of Mannervarlu scheduled
tribe immediately in prescribed proforma.
d. The said validity certificate shall be subject to the outcome
of the reverification undertaken by the Scrutiny Committee of the
earlier validity holders.
e. The petitioner shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
