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2021 Supreme(Bom) 543

SUNIL P.DESHMUKH, ABHAY AHUJA
Nikhil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
S.C. Yeramwar, Advocate, S.B. Yawalkar, Advocate, A.R. Salve, Advocate

JUDGMENT

Abhay Ahuja, J. - Heard. Rule. Rule made returnable forthwith. With the consent of the learned Counsel appearing for the parties, the petitions are heard finally.

2. By these petitions under Article 226 of the Constitution of India, Petitioners are challenging the decision dated 04.09.2019 of Respondent No. 2- Scheduled Tribe Certificate Scrutiny Committee, Nandurbar invalidating the tribe claims of the petitioners belonging to "Thakur Scheduled Tribe" community.

3. Since both the Petitions, one i.e Writ Petition No. 11349 of 2019 by the father viz. Shri Anil Soma Thakur and the other Writ Petition No, 11344 of 2019 by his son viz. Nikhil Anil Thakur involve challenge to the same common order having similar underlying facts, we are disposing of both these petitions by this order and judgment.

4. The Petitioners, residents of Jalgaon District, claim that they belong to 'Thakur Scheduled Tribe' community included in the list of Scheduled Tribes at Sr. No.44 of Part IX of Second Schedule of Act No. 108 of 1976. Petitioners had been issued Caste Certificates by the concerned Competent Authority(s) certifying that the Petitioners belong to Thakur - Scheduled Tribe. The said caste C

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