Bombay High Court
Ishwar Bapurao Thombare-Dhangar vs The Union Of India Through Its ... on 23 January, 2023
Author: S.G. Dige
Bench: G.S. Patel, S.G. Dige
6-ASWP-4919-2017.DOC
Neelam S Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4919 OF 2017
Maharani Ahilyadevi Samaj Prabodhan Manch ...Petitioners
Maharashtra Rajya & Ors
Versus
The Union of India & Ors ...Respondents
Digitally signed by
NILAM NILAM SANTOSH
SANTOSH KAMBLE
Date: 2023.01.24
WITH
KAMBLE 14:38:05 +0530
REVIEW PETITION (ST) NO. 2211 OF 2023
IN
WRIT PETITION NO. 4919 OF 2017
Tribal Rights Protection Committee ...Petitioners
Versus
Maharani Ahilyadevi Samaj Prabodhan Manch ...Respondents
Maharashtra Rajya & Ors
WITH
CIVIL APPLICATION NO. 864 OF 2019
IN
WRIT PETITION NO. 4919 OF 2017
Adivasi Samaj Kruti Samiti through Secretary, ...Applicants
Satish C Lembhe & Ors
In the matter between
Maharani Ahilyadevi Samaj Prabodhan Manch ...Petitioners
Maharashtra Rajya & Ors
Page 1 of 7
23rd January 2023
6-ASWP-4919-2017.DOC
Versus
The Union of India & Ors ...Respondents
WITH
CIVIL APPLICATION NO. 865 OF 2019
IN
WRIT PETITION NO. 4919 OF 2017
Tribal Rights Protection Committee Maharashtra ...Applicant
State through its Secretary
In the matter between
Maharani Ahilyadevi Samaj Prabodhan Manch ...Petitioners
Maharashtra Rajya & Ors
Versus
The Union of India & Ors ...Respondents
WITH
CIVIL APPLICATION NO. 812 OF 2019
IN
WRIT PETITION NO. 4919 OF 2017
Vanvasi Kalyan Ashram through Mr Sandip ...Applicant
Sabale
In the matter between
Maharani Ahilyadevi Samaj Prabodhan Manch ...Petitioners
Maharashtra Rajya & Ors
Versus
The Union of India & Ors ...Respondents
WITH
WRIT PETITION NO. 1694 OF 2018
Page 2 of 7
23rd January 2023
6-ASWP-4919-2017.DOC
Ishwar Bapurao Thombare-Dhangar ...Petitioner
Versus
The Union of India through its Secretary, ...Respondents
Ministry of Tribal Affairs and Ors
WITH
CIVIL APPLICATION NO. 866 OF 2019
IN
WRIT PETITION NO. 1694 OF 2018
Tribal Rights Protection Committee Maharashtra ...Applicant
State through its Secretary
In the matter between
Ishwar Bapurao Thombare-Dhangar ...Petitioner
Versus
The Union of India through its Secretary, ...Respondents
Ministry of Tribal Affairs and Ors
WITH
WRIT PETITION NO. 1699 OF 2018
Purushottam Madhukarrao Dakhole ...Petitioner
Versus
The Union of India through its Secretary, India ...Respondents
Ministry of Tribal Affairs and Ors
WITH
CIVIL APPLICATION NO. 867 OF 2019
IN
WRIT PETITION NO. 1699 OF 2018
Page 3 of 7
23rd January 2023
6-ASWP-4919-2017.DOC
Tribal Rights Protection Committee Maharashtra ...Applicant
State through its Secretary
In the matter between
Purushottam Madhukarrao Dakhole ...Petitioner
Versus
The Union of India through its Secretary, India ...Respondents
Ministry of Tribal Affairs and Ors
WITH
PUBLIC INTEREST LITIGATION NO. 135 OF 2018
Hemant B Patil, National President, Bharat ...Petitioner
against Corruption
Versus
State of Maharashtra & Ors ...Respondents
WITH
CIVIL APPLICATION NO. 31 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 135 OF 2018
Tribal Rights Protection Committee Maharashtra ...Applicant
State through its Secretary
In the matter between
Hemant B Patil, National President, Bharart ...Petitioner
against Corruption
Versus
State of Maharashtra & Ors ...Respondents
WITH
REVIEW PETITION NO. 2210 OF 2023
IN
Page 4 of 7
23rd January 2023
6-ASWP-4919-2017.DOC
CIVIL APPLICATION NO. 864 OF 2019
IN
WRIT PETITION NO. 4919 OF 2017
(Not on Board)
Adivasi Samaj Kruti Samiti ...Applicant
In the matter between
Maharani Ahiladevi Samaj Prabodhan Manch ...Petitioner
Maharashtra Rajya, Mumbai
Union of India & Ors ...Respondents
Dr Abhinav Chandrachud, with Kavisha Shah & Datta Mane, for
the Petitioner in WP/4919/2017.
Dr Uday Warunjikar, with Sumit Kate, for the Applicant/ Intervenor
in CAW/864/2019 & for the Petitioner in RPWST/2210/2023.
Ms Priyandra Sontakke, for the Petitioner in PIL/135/2018.
Mr Anil Singh, Additional Solicitor General, with Sandesh Patil,
Savita Ganoo, Aditya Thakkar & DP Singh, for Respondent No.
1-Union of India in all matters.
Mr AA Kumbhakoni, Senior Advocate, with PP Kakade, GP,
Akshay Shinde, 'B' Panel Counsel & BV Samant, AGP, for the
Respondent-State.
Mr Nitin Gangal, i/b SN Biradar, for Intervenor in CAW/865/2019,
CAW/866/2019, CAW/867/2019 & CAW/31/2019 and for the
Petitioner in RPWST/2211/2023.
CORAM G.S. Patel &
S.G. Dige, JJ.
DATED: 23rd January 2023 PC:-
1. We passed an order on 9th January 2023. It reads thus:
1. There is an issue of constitutional law relating to the Page 5 of 7 23rd January 2023 6-ASWP-4919-2017.DOC inclusion in the list of scheduled castes, tribes etc of a certain community described or entered as Dhangad. The Petitioners claim there is no such grouping; the only one is Dhangar. They say that the Maharashtra Government has confirmed that no caste validity certificate has ever been issued to anyone as being a Dhangad.
2. There are Intervention Applications that contest the Petition, including persons represented by Mr Gangal and Mr Warunjikar. These interventions are opposed by the Petitioners and the State. It seems to us that these Intervention Applications seek substantive relief on their own. We direct the Intervenors to file their own Writ Petitions. We will take those Writ Petitions along with the present Writ Petition.
3. The fresh Writ Petitions are to be filed and served on or before 20th January 2023.
4. We are told that there is a Public Interest Litigation No. 135 of 2018 that is clubbed with this Writ Petition. The Registry will obtain the necessary administrative directions in this regard, if already not done.
5. List the entire group on 23rd January 2023 for the necessary directions.
6. In the fresh Writ Petitions, the present Petitioners are to be joined as party Respondents.
2. Now we have Review Petition (St) No. 2211 of 2023 and Review Petition No. 2210 of 2023 assailing our 9th January 2023 order. Mr Gangal submits that the Review Petitioners have no possibility of seeking substantive relief in an independent Writ Petition. That is clearly incorrect. Their entire case really is for a declaration that what the Writ Petitioners, represented by Dr Chandrachud, seek should not be permitted by the authorities. It is Page 6 of 7 23rd January 2023 6-ASWP-4919-2017.DOC not our place to render advice to the Writ Petitioners as to the frame of the Writ Petition. We see no error apparent on the face of record. There is no ground for review made out. The Review Petitions are dismissed.
3. The Writ Petition raises a question of law that requires determination at the earliest. We allow the interventionists whose Review Petitions have been dismissed, to file their own Writ Petitions by 6th February 2023. It is open to the Review Petitioners to decide whether or not they wish to join the Writ Petitioners. To our mind this will make no difference since all the Writ Petitions are being heard together. Those Petitions are to be tagged along with the present Writ Petitions. We do not believe that Affidavits in Reply are necessary since the Writ Petitioners wish to address on a question of law.
4. List the entire group on 16th February 2023 at 2.30 pm. (S.G. Dige, J) (G. S. Patel, J) Page 7 of 7 23rd January 2023