Bombay High Court
Shivaji Subhashrao Khanderay vs The State Of Maharashtra And Others on 1 February, 2022
Bench: S. V. Gangapurwala, S. G. Dige
1 wp 1461.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1461 OF 2022
Shivaji Subhashrao Khanderay .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Shri Omgashad B. Boinwad, Advocate for the Petitioner.
Shri A. R. Kale, A.G.P. for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 01ST FEBRUARY, 2022.
FINAL ORDER :
. The caste claim of the petitioner as belonging to "Koli Mahadev" (Scheduled Tribe) is invalidated.
2. Amongst other submissions, one of the submission of the learned advocate for the petitioner is that, the caste claim of the real sister of the petitioner namely Pallavi D/o Subhash was also invalidated. She filed Writ Petition No. 9183 of 2019 before the Principal Seat at Bombay. The Division Bench of this Court at Principal Seat at Bombay under judgment and order dated August 21, 2019 allowed the said writ petition and directed the Committee to issue validity certificate.
3. Another real sister of the petitioner namely Shreya D/o Subhash had also applied for validity certificate with the ::: Uploaded on - 01/02/2022 ::: Downloaded on - 02/02/2022 11:23:34 ::: 2 wp 1461.22 scrutiny committee. Her claim was also invalidated. She along with Nandini Dilipkumar Khanderay had filed Writ Petition No. 7832 of 2020 before this Court. This Court under judgment and order dated 09th December, 2019 allowed the said writ petition and directed the Committee to issue validity certificates to real sister of the petitioner Shreya and cousin Nandini.
4. We have also heard the learned Assistant Government Pleader for respondents/State.
5. In view of the fact that, real sisters of the petitioner are issued with the validity certificates under the orders of this Court in Writ Petition No. 9183 of 2019 at the Principal Seat at Bombay and in Writ Petition No. 7832 of 2020 by this Court, we follow the same course and pass the following order.
6. The respondent/Committee shall issue caste validity certificate to the petitioner of belonging to "Koli Mahadev"
(Scheduled Tribe). The said validity certificate shall be subject to the decision that would be taken by the committee in the proceedings reopened of the validity holders relied by the petitioner.
7. In the light of the above, the writ petition is disposed of. No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.]
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