Bombay High Court
Sudhakar Dattatraya Kamthewad vs The State Of Maharashtra Thr Tribal ... on 19 June, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AUG:15687-DB
933-WP-7783-21
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7783 OF 2021
Sudhakar S/o Dattatraya Kamthewad
Age: 59 years, Occu.: Pensioner,
R/o: Krushnoor, Tq. Naigaon (Kh),
District : Nanded .... Petitioner
Versus
1. The State of Maharashtra
Through, Tribal Development Department,
Mantralaya, Mumbai.
2. The Scheduled Tribe Caste Certificate
Verification Committee Aurangabad,
Through its Member Secretary,
Aurangabad.
3. The Superintendent of Police,
Nanded, Dist. Nanded. .... Respondents
......
Mr. Sunil M. Vibhute, Advocate for the Petitioner
Ms. D.S. Jape, AGP for Respondent Nos.1 to 3
......
CORAM : RAVINDRA V. GHUGE AND
ABHAY S. WAGHWASE, JJ.
DATE : 19 JUNE , 2025
ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :
1. Rule. Rule made returnable forthwith and heard finally
by the consent of the parties.
2. The Petitioner's claim of belonging to the " Mannervarlu"
Scheduled Tribe category, has been invalidated by the impugned
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933-WP-7783-21
judgment dated 28.06.2021. He is still in employment. During
pendency of this Petition, his biological son Shivam has been
granted a Validity Certificate. This Court (Coram : Mangesh S. Patil
and Shailesh P. Brahme, JJ.) by order dated 30.07.2024 in Writ
Petition No.11509 of 2023 (Shivam s/o. Sudhakar Kamthewad v.
The State of Maharashtra and another) has granted conditional
validity to Shivam, recording that the said validity would be subject
to the final outcome of the review in view of the matter pertaining
to Pratidnya Pandharinath Kamthewad.
3. It is canvassed that the great-grandfather Mahadji had
two sons, namely, Bhujanga and Jaivanta. The Petitioner is from the
branch of Jaivanta, who is the grandfather of the Petitioner. The
grandchildren of Bhujanga, namely, Raghunath S/o Digambar,
Vaijnath S/o Digambar and Pandharinath S/o Digambar, have been
granted Validity Certificate. It is stated that Vigilance Cell Inquiries
were conducted in all these four cases. Pratidnya Kamthewad is the
daughter of Pandharinath, who is the grandson of Bhujanga. By the
order passed in the case of Shivam (supra), the focus is now on the
reopened case of Pratidnya in view of the observations of this Court
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in paragraph No.11 in the judgment delivered in the case of Shivam
(supra).
4. Considering the peculiar facts as recorded above,
notwithstanding the objection is taken by the learned AGP, we are
of the opinion that reliance can be placed on Shweta Balaji Isankar
vs. The State of Maharashtra and others, 2018 SCC Online Bom
10363.
5. This Petition is, therefore, partly allowed. The Petitioner
be granted a Validity Certificate of belonging to the " Mannervarlu"
Scheduled Tribe category, subject to the reopened case in the matter
of Pratidnya Pandharinath Kamthewad or in the event of reopening
of the case of any of the validity holders referred to in the foregoing
paragraphs. If any of such validity holders suffers an adverse order
and the Validity Certificate is recalled, the same consequences
would befall upon the present Petitioner or Shivam.
6. Rule is made partly absolute in above terms.
[ ABHAY S. WAGHWASE ] [ RAVINDRA V. GHUGE ]
JUDGE JUDGE
S.P. Rane
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