LAWS(BOM)-2023-8-287

MANISHA PRAKASH BODEMWAD Vs. STATE OF MAHARASHTRA

Decided On August 23, 2023
Manisha Prakash Bodemwad Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Writ petitions no. 5746 of 2019 and 5747 of 2023 are not on Board. Taken on Board on mentioning.

(2.) The petitioners who are blood relations inter se from the paternal side are challenging the common order passed by the respondent - scrutiny committee in their separate matters thereby confiscating and cancelling their certificates of Mannervarlu scheduled tribe. Since the evidence is common discussed by the committee in common and has passed a common order, we have taken up all the three matters together for final disposal.

(3.) The learned advocate for the petitioners submits that there is no dispute about the genealogy. Petitioners are the siblings. Their father Prakash possess a certificate of validity. Prakash's three cousin nephews and a cousin niece are also validity holders. Prakash was granted certificate of validity by the then committee after undertaking a vigilance enquiry. Even if the committee now alleges he having practised fraud while obtaining certificate of validity, so long as it is not confiscated and cancelled by undertaking the process of law, the petitioners cannot be deprived of having the certificates of validity.