IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD W P 2887/2006 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 WRIT PETITION NO. 2887 OF 2006 Smt. Anita Maruti Dullewad, Age 30 years, Occ. Nil R/o. At Post Bahadurpura, Tq. Kandhar District Nanded. .. Petitioner. Versus. 1] The State of Maharashtra through its Secretary Tribal Development Mantralaya, Mumbai-32. 2] The Committee for Scrutiny and Verification of Tribe Claims through its Dy. Director (R) M.S. Aurangabad. 3] The Sub Divisional Officer Special Land Acquisition Officer, Nanded, District Nanded. 4] The Chief Executive Officer Zilla Parishad, Beed, District Beed. .. Respondents. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD W P 2887/2006 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Mr. A.V. Patil, Advocate for petitioner. Mr. V.D. Rakh, AGP for respondent Nos. 1 and 3. Mr. Y.K. Bobade,Advocate h/f. Mr. S.S. Tope, Advocate for respondent No.2. CORAM :- B.R. GAVAI & A.V. POTDAR, JJ. DATE :- 16TH DECEMBER, 2011. ORAL JUDGMENT [PER B.R. GAVAI, J.] :- 1] Petition taken up for final hearing by consent of parties. 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. 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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD W P 2887/2006 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 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. 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. [A.V. POTDAR,J.] [B.R. GAVAI, J.] grt/-