Vithalrao Anandrao Udate Died Through ... vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 22720 Bom

Bombay High Court

Vithalrao Anandrao Udate Died Through ... vs The State Of Maharashtra Through Its ... on 5 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:17602-DB


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                                                 (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            33 WRIT PETITION NO. 8161 OF 2024

                  VITHALRAO ANANDRAO UDATE, DIED, THROUGH HIS
                         SON VISHWAJIT VITHALRAO UDATE
                                     VERSUS
                     THE STATE OF MAHARASHTRA THROUGH ITS
                             SECRETARY AND OTHERS

                                                   ....

                Mr Kiran G. Salunke, Advocate for Petitioners
                Mr M. M. Nerlikar, A.G.P. for Respondents/State

                                          CORAM : RAVINDRA V. GHUGE
                                                          AND
                                                  Y. G. KHOBRAGADE, JJ.

DATE : 5th August, 2024

PER COURT:

1. This is a peculiar case, wherein a young son of a

deceased father, who is taking education, has approached this

Court for a declaration that, his father belongs to the 'Koli

Mahadev' Scheduled Tribes category. In a common judgment,

delivered by Respondent No.2/Scrutiny Committee, Aurangabad

on 25/11/2021, the claim of his father, who is at Sr. No.8 in the

title clause of the same, has been rejected.

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2. The learned A.G.P. submits that, this Court may

peruse the record and pass appropriate orders. The Petitioner

points out the judgment delivered by the Co-ordinate Bench of

this Court, dated 08/08/2023 in Writ Petition Nos.2865/2022,

14724/2021 and 3225/2022, by which, the other aggrieved parties,

who were Claimants in the same common judgment, were before

this Court and their Writ Petitions were allowed. The common

judgment is quashed and set aside. The 'Koli Mahadev'

Scheduled Tribes category validity certificates are directed to be

issued subject to the decision of the Committee that, if the cases

of these Petitioners or similarly situated persons are reopened by

the Scrutiny Committee, all would face the consequences.

3. In view of the above, this Writ Petition is partly

allowed. The impugned order, which is already quashed and set

aside, shall stand quashed and set aside to the extent of the

deceased father of the Petitioner, late Vithalrao Anandrao Udate.

Akin to the order passed by the Co-ordinate Bench, if the Claim

of the Petitioner or any other persons, who are similarly situated,

is/are reopened and they suffer an adverse order, the law laid 8161.24wp

down in Shweta Balaji Isankar Vs. State of Maharashtra and

others, 2018 SCC OnLine Bom 10363, would be squarely

applicable to the case of the deceased father of the Petitioner, in

which case, notice of hearing would be issued to the Petitioner,

who is before us representing his father.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)

sjk