Partly allowed

Rutuja Rajeshwar Kurukwad Thr Father and Natural Guardian Rajeshwar Pandurang Kurukwad v. the State of Maharashtra and Others

Bombay HC8 Jan 2021WP/231/2021

Case brief

AI extract

What is this about?

The High Court quashed the impugned order invalidating the petitioner's Koli Mahadev Scheduled Tribe claim. The court directed the Committee to issue a validity certificate to the petitioner, contingent upon the outcome of ongoing proceedings regarding other validity holders. The case was disposed of with no costs awarded.

What did the court decide?

The impugned order was quashed and set aside to the extent of the petitioner. The Committee was directed to issue a validity certificate of 'Koli Mahadev', Scheduled Tribe, subject to the decision in

Rutuja Rajeshwar Kurukwad Thr Father and Natural Guardian Rajeshwar Pandurang Kurukwad Vs the State of Maharashtra and Others — Bombay HC (2021) — LawSathi Research

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1 wp 231.2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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944 WRIT PETITION NO. 231 OF 2021

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RUTUJA RAJESHWAR KURUKWAD THROUGH FATHER AND
NATURAL GUARDIAN RAJESHWAR PANDURANG KURUKWAD
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioner:

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S. M. Vibhute h/f. Mr. Chinchole Ghanshyam K.
AGP for Respondents/State: Mrs. M. A. Deshpande

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...

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CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

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DATE:08th JANUARY, 2021

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PER COURT:

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1.The tribe claim of the petitioner as Koli

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Mahadev, Scheduled Tribe is invalidated.

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2.Heard Mr. Vibhute, learned Counsel for the
petitioner and the learned Additional Government
Pleader.

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3.It is pointed out that the tribe claim of the
petitioner is invalidated under the common
judgment dated 21.11.2020. Pursuant to the said
judgment, tribe claim of four person including the
petitioner were invalidated. All those persons are

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2 wp 231.2021

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the paternal relatives of the petitioner. Two of
them namely Kum. Vaibhavi and Kum. Vishnavi D/o.
Baburao had challenged the said judgment dated
21.11.2020 before this Court in Writ Petition
No. 8343 of 2020. This Court under judgment and
order dated 18.12.2020 partly allowed the writ
petition and directed to issue conditional
validity to them.

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4.It appears that the relationship of the

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present petitioner with the petitioners in Writ
Petition No. 8343 of 2020 is not a matter of
dispute, they are the paternal cousins.

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5.In Writ Petition No. 8343 of 2020 this Court

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under order dated 18.12.2020 observed thus -

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“..

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5.It is a matter of record that the father
of the petitioners is issued with the
validity certificate of “Koli Mahadev”
Scheduled Tribe. Many of the entries
considered as adverse by the Committee in the
present matter were also subject matter of
the consideration when validity was issued to
the father of the petitioners. In respect of
Perapatrak of 1941, the committee has
observed that the caste is not appearing in
the original record though in the copy filed
by the petitioners, the same appears. The
Tahsildar of Mudhol, who had issued the same

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3 wp 231.2021

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copy, has given a letter to the Sub-
Divisional Officer, Bhokar that the said
document is verified from the record and same
is genuine one.

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..”

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6.For the reasons recorded in the aforesaid
judgment, we follow the same course and pass the
following order.

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ORDER

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[I]The impugned order is quashed and set

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aside to the extent of petitioner.

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[II]The Committee shall issue validity

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certificate to the petitioner of “Koli Mahadev”,
Scheduled Tribe.

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[III]The said certificate shall be subject to
the decision that would be taken by the Committee
in the proceedings re-opened of validity holders
relied by the petitioner.

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7.Writ Petition is accordingly disposed of. No
costs.

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[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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marathe

Rutuja Rajeshwar Kurukwad Thr Father and Natural Guardian Rajeshwar Pandurang Kurukwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Rutuja Rajeshwar Kurukwad Thr Father and Natural Guardian Rajeshwar Pandurang Kurukwad v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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