Sharad Ramdas Wankhede vs The State Of Maharashtra Through ...
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Bombay High Court

Sharad Ramdas Wankhede vs The State Of Maharashtra Through ... on 14 January, 2025

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2025:BHC-AUG:1462


                                                                      14715.21wp
                                                   (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            901 WRIT PETITION NO. 14715 OF 2021
                                          WITH
                            CIVIL APPLICATION NO. 12480 OF 2024
                                      IN WP/14715/2021

                Sharad s/o Ramdas Wankhede,
                Age: 54 years, Occu: Service,
                R/o Pote Apartment No.3, B-50,
                3rd Floor, Teesgaon Road, Jimmy
                Baug, Kalyan (E), District Thane                 ....PETITIONER

                      VERSUS

                1.    The State of Maharashtra,
                      Trough Secretary,
                      Department of Tribal Development,
                      Mantralaya, Mumbai-32

                2.    Scheduled Tribes Certificate
                      Scrutiny Committee,
                      Through its Member Secretary,
                      Nandurbar, District Nandurbar

                3.    R. V. Nerulkar High School/Jr. College,
                      Pandurangwadi, Manpada Road,
                      Dombiwali (East), 421 201                 ....RESPONDENTS

                                                     ....

                Mr D. B. Shinde, Advocate for petitioner
                Mr M. M. Nerlikar, A.G.P. for respondent Nos.1 & 2

                                    CORAM : MANGESH S. PATIL
                                                 AND
                                            PRAFULLA S. KHUBALKAR, JJ.

                                       DATE : 14th January, 2025
                                                          14715.21wp
                                (2)

ORAL JUDGMENT :

1. Heard both the sides.

2. Though several issues have been raised, the facts

remain that the judgment and order under challenge is a common

judgment in the matter of three individuals including the

petitioner. On a challenge to the selfsame order at the instance of

two others, namely, Mohan Prakash Wankhede and Sohan Prakash

Wankhede in Writ Petition No.441/2022, by the judgment and

order dated 25/10/2024, the order under challenge has already

been set aside qua those two petitioners.

3. Since it is a common judgment and order which has

already been dealt with by the co-ordinate bench, which has set

aside the same, this division bench cannot pass any separate

judgment and order, much less, inconsistent with the view taken

by the co-ordinate bench.

4. For this reason, without indulging into a fresh scrutiny

of the judgment and order on all fours, for the selfsame reasons as

recorded in Mohan Prakash Wankhede and Sohan Prakash 14715.21wp

Wankhede, the impugned judgment and order is quashed and set

aside even to the extent of the petitioner.

5. Suffice for the purpose to observe that there have been

consistent validities in the family, the relationship of the petitioner

with the validity holders has not been questioned by the

Committee.

6. The writ petition is allowed. The impugned judgment

and order is quashed and set aside even to the extent of the

petitioner. The committee shall immediately issue a tribe validity

certificate to the petitioner belonging to the 'Thakur' Scheduled

Tribe category.

7. Pending civil application also stands disposed of.

8. Rule is made absolute in above terms.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.)

sjk