PADMAKAR SAHEBRAO RAJE v. THE STATE OF MAHARASHTRA AND ORS
WP/4342/2006 · 2025-01-29
Shri S G Mehare, Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13774 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13774 (BOM) · dailylaw.ai ]
Judgment text
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901-wp-4342-2006.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO. 4342 OF 2006 Padmakar Sahebrao Raje ...Petitioner Versus The State Of Maharashtra And Ors ...Respondent Shri Sagar Phatale, Advocate a/w Shri Umesh Gite, Advocate h/f Shri Vijay Patil, Advocate for the Petitioner Shri A. S. Shinde, AGP for Respondent Nos. 1 to 3 Shri P. S. Patil, Advocate for Respondent No. 4
CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATED : 29th JANUARY, 2025 PER COURT :
1. Heard both sides finally at the admission stage considering exigency in the matter.
2. Petitioner is challenging judgment and order dated 06.05.2006 passed by respondent No.4/Scrutiny Committee thereby invalidating his tribe certificate of ‘Thakur’, Scheduled Tribe.
3.
Learned counsel for the petitioner tenders on record
judgment rendered by co-ordinate bench in the matter of 1 of
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901-wp-4342-2006.odt Aparna D/o Padmakar Raje Vs. Scheduled Tribe Certificate Scrutiny Committee in Writ Petition No. 7023 of 2010 and Abhishek S/o Padmakar Raje Vs. Scheduled Tribe Certificate Scrutiny Committee in Writ Petition No. 7023 of 2010, allowing the writ petitions and granting them validity certificates.
4. There is no question of any dispute of the relationship of the petitioner with the validity holders. We have gone through the judgment of the co-ordinate bench. The petitions were allowed by reasoned order. There is no reason for us to take any contrary view. We propose to adopt same course and the reasons. The selfsame record has undergone scrutiny. On the ground of parity, the petitioner is also entitled to have same benefit. We, therefore, pass following order.
ORDER (i) Writ petition is allowed. (ii) Impugned judgment and order is quashed and set aside. 2 of
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901-wp-4342-2006.odt (iii) The respondent No. 4/Scrutiny Committee shall issue tribe validity certificate of Scheduled Tribe Thakur to the petitioner. (iv) There shall be no order as to costs.
(SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) Komal/ 3 of
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