Gaurang Dilipkumar Khanderay And ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 6820 Bom

                                       1


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                     1010 WRIT PETITION NO. 3218 OF 2022

            GAURANG DILIPKUMAR KHANDERAY AND OTHERS
                                   VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
             Advocate for Petitioners : Mr. Boinwad Omgashad B.
                  AGP for Respondents : Mr. S.G. Sangale
                                        ...
                                CORAM      : MANGESH S. PATIL &
                                             SHAILESH P. BRAHME, JJ.

                                DATE       : 11 JULY 2023

PC :

               Heard both the sides at the admission stage.

2. The petitioners are blood relatives inter se from the

paternal side and challenging the judgment and order passed by the

Scrutiny Committee in a proceeding under Section 7 of the

Maharashtra Act No. XXIII of 2001, invalidating their claims as

belonging to Koli Mahadev scheduled tribe.

3. During the course of hearing, it transpires that in fact the

impugned judgment and order passed by the Scrutiny Committee was

a common order passed in respect of four individuals related by blood

from paternal side. Petitioners were the three individuals out of those

and one Shivaji Subhash Khanderay was the fourth one. There is no

dispute regarding all these four individuals being blood relatives from

the paternal side. Rather only because of this circumstance, the

Committee has passed the common order refuting claims of each of

them.

4. Incidentally, may be because of the exigencies prevailing

at that time, in the matter of Shivaji Subhash Khanderay, Writ Petition

No. 1461 of 2022, this Court by an order dated 01 February 2022, after

considering the facts and circumstances allowed the Writ Petition and

directed the Committee to issue a validity certificate to him which was

made subject to the decision that was to be taken by the Committee in

the proceedings it has decided to reopen in respect of the validity

holders.

5. Learned AGP, on instructions, submits that subsequently

notices have been issued to the validity holders and the proceedings

are going on.

6. Since this Court has already examined the legality and

validity of the self same judgment and order, which is under challenge

at the instance of the petitioners herein, we should follow the discipline

to follow the same course. We cannot take any other view.

7. We allow the Writ Petition partly, quashed and set aside

the impugned order even to the extent of these petitioners and direct

the respondent - Scrutiny Committee to issue validity certificates to the

petitioners within a period of two weeks from today. Validity certificates

shall be subject to the decision that would be taken in the matters of

validity holders whose cases the committee has reopened. The

petitioners shall not be entitled to claim equities. The validity holders

shall cooperate the Scrutiny Committee in early decision of the cases.

 [ SHAILESH P. BRAHME ]                       [ MANGESH S. PATIL ]
        JUDGE                                       JUDGE




spc/