CHIMNAJI TUKARAM KANLE v. THE STATE OF MAHARASHTRA AND OTHERS
WP/5908/2020 · 2025-02-28
Shri S G Mehare, Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15297 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15297 (BOM) · dailylaw.ai ]
Judgment text
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1 901-WP-5908-20.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5908 OF 2020 CHIMNAJI TUKARAM KANLE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Sunil M. Vibhute AGP for Respondents No.1 and 2 : Mr. A. S. Shinde ...
CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATE : 28-02-2025 PER COURT:-
1. Heard both sides finally at the admission stage considering the exigency in the matter.
2. The petitioner is challenging the common judgment and
order dated 22.04.2020 passed by respondent No.2/Scrutiny Committee invalidating tribe claim of “Mannervarlu” Scheduled Tribe.
3. By common order passed in the case of Anuradha, present petitioner - Chimnaji and Anjali, tribe certificates are invalidated by the Scrutiny Committee. Anuradha secured conditional validity certificate by approaching this Court by order dated 06.07.2023. Anuradha is a daughter of the present petitioner.
4. First validity holder in the family is Laxman Tukaram Kanle and the reverification undertaken against Laxman was dropped by 2025:BHC-AUG:6268-DB
2 901-WP-5908-20.odt the scrutiny committee by a reasoned order dated 01.02.2023. Considering this clinching fact, Anuradha was issued validity certificate by the Co-ordinate Bench.
5. Besides this, there are number of validities in the family. The petitioner’s both daughters are validity holders. The petitioner's niece and nephew Pranali and Rushikesh also hold the validity certificates in pursuance of the common order passed by this Court in Writ Petitions No.8823 and 8824 of 2019, dated
19.07.2019. Thus, the self same record has already been considered in granting the validities. There is no reason to take a different view.
6. Anuradha is a daughter of the petitioner, who is absolute validity holder. Hence, the petitioner deserves absolute validity. The impugned judgment and order is unsustainable. We, therefore, pass the following order:-
ORDER i) The writ petition is allowed. ii) The impugned judgment and order stands quashed and set aside. iii) The respondent No.2/Scrutiny Committee shall issue validity certificate of “Mannervarlu” - Scheduled Tribe to the petitioner, forthwith.
[ SHAILESH P. BRAHME ]
[ S. G. MEHARE ] JUDGE JUDGE rrd