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2022 Supreme(Bom) 618

R. D. DHANUKA, S. G. MEHARE
Chinmay S/o. Gajanan Chavan – Appellant
Versus
State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sushant C. Yeramwar.
For the Respondents: Mr. S.G. Karlekar, A.G.P.

JUDGMENT :

R.D. Dhanuka, J.

Heard the learned counsel for the petitioner. He states that no relief against respondents no. 3 and 4 are pressed as on date and seeks liberty to delete respondents no. 3 and 4 from the cause title of the petition and also prayer clause ‘C’.

2. Rule. The learned A.G.P. waives notice for respondents no. 1 and 2. Rule is made returnable forthwith. Heard finally with consent of the parties.

3. By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 17.12.2019 passed by the respondent No. 2 – the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, (hereinafter, referred to as ‘Scrutiny Committee), thereby invalidating the caste claim of the petitioner. The petitioner also seeks declaration that he belongs to Thakur Scheduled Tribe and also seeks a direction against the Scrutiny Committee to issue caste validity certificate in favour of the petitioner.

4. It is case of the petitioner that the petitioner belongs to Thakur, Scheduled Tribe. On 12.09.2014, the petitioner applied for the caste certificate as ‘Thakur Scheduled Tribe’ to the Sub-Divisional Officer, Aurangabad. The said application,

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