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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

1042 WRIT PETITION NO. 1339 OF 2021

NETRA BHAGWAN INGEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner: Mr. Thorat Chandrakant R.

AGP for Respondents/State: Mr. S. R. Yadav Lonikar

...

CORAM:S. V. GANGAPURWALA &

SHRIKANT D. KULKARNI, JJ.

DATE: 22^nd JANUARY, 2021

PER COURT:

1.

The caste claim of the petitioner as

belonging to Mannervarlu, Scheduled Tribe is

invalidated.

2.

Amongst various contentions Mr. Thorat, the

learned Counsel submits that the real brother of

the petitioner Suhas and real sister Sneha had

applied for validity certificates of Mannervarlu,

Scheduled Tribe, the same were invalidated. They

filed writ petition bearing no. 8752 of 2019 and

Writ Petition No. 8773 of 2019 before this Court.

This Court under judgment and order dated

18.07.2019 allowed the writ petition.

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3.

We have also heard the learned A.G.P.

4.

The learned A.G.P. does not dispute the

relationship of the petitioner with Suhas and

Sneha as real brother and sister of the petitioner

5.

This Court under the judgment dated

18.07.2019 in Writ Petition No. 8752 of 2019 and

Writ Petition No. 8773 of 2019 has observed as

under-

“5. As far as Khasra Patrak is concerned, in

fact there is no column of caste in the

Khasra Patrak. The Khasra Patrak would not

enure to the benefit of the petitioners. As

far as other documents of real uncle,

father and the petitioners are concerned the

caste is recorded as Mannervarlu and

interpolation has not been found as seen from

the judgment of the committee.

6.

It appears that the cousin aunt of the

petitioners namely Yamuna Ramji had taken

admission on 20.06.1969 and in her record

Mannurvar caste is recorded. The same would

be a contra entry. However, there are

consistent entries in the record of the

father, real uncle and the aunt wherein caste

is recorded as Mannervarlu.

7.

Considering the validities being issued

to the father and real paternal uncle of the

petitioners Suhas and Sneha and also to the

other family members in the same family, we

set aside the judgment of the committee and

direct the committee to issue validity

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certificates to these petitioners of

Mannervarlu, Scheduled Tribe immediately. The

validity certificates issued to the

petitioners would be subject to the decision

that would be taken by the committee in case

the validation proceedings of the validity

holders relied by the petitioners are

reopened and some adverse decision is taken

in the same.

6.

In light of the above, we follow the same

course.

7.

The impugned judgment is quashed and set

aside. The committee shall issue validity

certificate to the petitioner of Mannervarlu,

Scheduled Tribe immediately. The said certificate

shall be subject to the decision that would be

taken by the committee in the validation

proceedings re-opened of the validity holders

relied by the petitioner.

8.

Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.]

[S. V. GANGAPURWALA, J.]

marathe