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2023 Supreme(Bom) 745

G. S. KULKARNI, R. N. LADDHA
Rakesh Bhimashankar Umbarje – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.K. Mendadkar, Priyanka Shaw, Jayshri Mendadkar.
Fort the Respondent: M.P. Thakur.

JUDGMENT :

R.N. LADDHA, J.

1. Rule. Rule made returnable forthwith. Respondents waive service. At the instance and the request of the learned counsel for the parties, heard finally.

2. This petition, under Article 226 of the Constitution of India, impugns the legality and validity of the notice dated 13 March 2023, issued by the respondent-Scrutiny Committee, seeking to reopen the proceedings of the petitioners caste validity. The dispute pertains to the respondent-Scrutiny Committees’ power to review/revisit its orders granting tribe validity certificates to the petitioners.

3. Heard Mr R. K. Mendadkar, learned counsel for the petitioners, and Mrs M. P. Thakur, learned Additional Government Pleader for the respondent/State.

4. It is the case of the petitioners that they belong to the Koli-Mahadev tribe, a scheduled tribe under Article 342(1) of the Constitution of India. It is submitted that the petitioners have been granted caste validity certificates by the Caste Scrutiny Committee in accordance with the law as also in accordance with the orders passed by this Court in the proceedings of Ms Kanchan Chidanand Umbarje vs. State of Maharashtra and Others, Writ Petition No. 448 of 1993 d

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