Allowed

Anita Maruti Dullewad v. the State of Mah and Ors.

Bombay HC16 Dec 2011WP/2887/2006

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking a certificate of validity for Scheduled Tribe status. The Court observed that while her brother had been granted such a certificate following legal procedure, it would be anomalous to deny the petitioner the same. Consequently, the Court allowed the petition and directed the respondent committee to issue the certificate within four weeks.

What did the court decide?

The respondent committee is directed to issue validity certificate in favour of the petitioner within a period of 4 weeks.

Anita Maruti Dullewad Vs the State of Mah and… — Pension and Retirement Benefits | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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W P 2887/2006

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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WRIT PETITION NO. 2887 OF 2006

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Smt. Anita Maruti Dullewad, Age 30 years, Occ. Nil R/o. At Post Bahadurpura, Tq. Kandhar District Nanded.

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.. Petitioner.

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Versus.

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1] The State of Maharashtra through its Secretary Tribal Development Mantralaya, Mumbai-32.

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2] The Committee for Scrutiny and Verification of Tribe Claims through its Dy. Director (R) M.S. Aurangabad.

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3] The Sub Divisional Officer Special Land Acquisition Officer, Nanded, District Nanded.

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4] The Chief Executive Officer Zilla Parishad, Beed, District Beed.

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.. Respondents.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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W P 2887/2006

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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Mr. A.V. Patil, Advocate for petitioner.

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Mr. V.D. Rakh, AGP for respondent Nos. 1 and 3.

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Mr. Y.K. Bobade,Advocate h/f. Mr. S.S. Tope, Advocate for respondent No.2.

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CORAM :- B.R. GAVAI & A.V. POTDAR, JJ.

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DATE :- 16TH DECEMBER, 2011.

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ORAL JUDGMENT [PER B.R. GAVAI, J.] :-

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1] Petition taken up for final hearing by consent of parties.

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2] Taking into consideration the fact that the real brother of the petitioner, namely, Ramesh Marutirao Dullewad, has been granted certificate of validity by the respondent committee, we had asked the learned counsel for the respondent committee, to verify, as to whether the validity certificate granted in favour of the brother of the petitioner was granted after following the procedure prescribed by law.

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3] Learned counsel holding for the respondent committee, on instructions stated that after verification it is found that the validity certificate granted in favour of the real brother of the petitioner, has been granted after following the prescribed

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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W P 2887/2006

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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procedure, including the vigilance report. In that view of the matter, an anomalous situation cannot be permitted to exist, inasmuch as, if the impugned order is not quashed and set aside, the real brother of the petitioner would be held to be belonging to scheduled tribe, whereas, the petitioner would not be held to be belonging to scheduled tribe. In that view of the matter, we are inclined to allow the petition.

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4] Rule is made absolute in terms of prayer clause (B). The respondent committee is directed to issue validity certificate in favour of the petitioner within a period of 4 weeks from today.

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grt/-

Anita Maruti Dullewad v. the State of Mah and Ors.

Case brief

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Anita Maruti Dullewad v. the State of Mah and Ors.

Case brief

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