Satish Haribhau Nagtilak vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 24595 Bom

Bombay High Court

Satish Haribhau Nagtilak vs The State Of Maharashtra Through Its ... on 21 August, 2024

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2024:BHC-AUG:18903-DB
                                                                           928.WP.8935.24.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 WRIT PETITION NO.8935 OF 2024

                                SATISH S/O HARIBHAU NAGTILAK
                                           VERSUS
                     1. THE STATE OF MAHARASHTRA DEPARTMENT OF TRIBAL
                  DEVELOPMENT, MANTRALAYA, MUMBAI - 32 THR. ITS SECRETARY

                  2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE,
                        AURANGABAD DIVISION, AURANGABAD (NOW CHH.
                  SAMBHAJINAGAR) TQ.&.DIST. CHH. SAMBHAJINAGAR THR. ITS
                                    MEMBER SECRETARY

                                                  ...
                        Advocate for the Petitioner : Mr. Yeramwar Sushant C.
                               AGP for Respondents: Mr. V.M. Jaware
                                                  ...

                                   CORAM                  : MANGESH S. PATIL &
                                                            SHAILESH P. BRAHME, JJ.

                                   DATE                   : 21.08.2024


             PER COURT:
                          Heard both the sides finally.

2. The petitioner is challenging the judgment and order passed

by the respondent No.2 - Scrutiny Committee refusing to validate his

'Thakar' scheduled tribe certificate.

3. It transpires that the impugned order was a common order in

respect of ten individuals. Already this Court has set aside the selfsame

order to the extent of six of them namely Sachin Shivaji Nagtilak, Vikas

Mohan Nagtilak, Suyashri Mohan Nagtilak, Ratnaprabha Jaydev Nagtilak,

928.WP.8935.24.odt

Ashwini Mohan Nagtilak and Vaibhav Narayan Nagtilak.

4. When a coordinate division bench has already considered

sustainability of the order under challenge and has quashed and set aside

it to the extent of aforementioned six individuals, the propriety demands

that we need not recall reasons and follow the course.

5. For the selfsame reasons as has been recorded by the

coordinate benches in the aforementioned matters of six individuals, the

impugned order is liable to be quashed and set aside even to the extent of

petitioner.

6. The writ petition is allowed partly. The impugned order is

quashed and set aside. The committee shall immediately issue tribe

validity certificate to the petitioner as belonging to 'Thakar' scheduled

tribe, which shall be subject to the decision to be taken by the committee

in the reopened matters.

7. The petitioner shall not be entitled to claim equities.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.)

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