Kakasaheb Bhagwat Shirsath vs The State Of Maharashtra And Others
2025 Latest Caselaw 4966 Bom

Bombay High Court

Kakasaheb Bhagwat Shirsath vs The State Of Maharashtra And Others on 23 April, 2025

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2025:BHC-AUG:12917-DB




                                                   (1)                  wp 14104.21

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 14104 OF 2021

                  Kakasaheb s/o Bhagwat Shirsath,
                  Age 52 years, Occu. Service,
                  R/o Raskarmala, Marutinagar,
                  Ward No.2, Shrirampur,
                  Taluka Shrirampur, District Ahmednagar.            ...PETITIONER

                        V/s.

            1.    The State of Maharashtra,
                  Through Secretary,
                  Department of Tribal Development,
                  Mantralaya, Mumbai-32.

            2.    Scheduled Tribes Certificate
                  Scrutiny Committee,
                  Through its Member Secretary,
                  Nashik Division, Nashik, Dist. Nashik.

            3.    The Chief Officer,
                  Rahata Municipal Council,
                  Rahata, District Ahmednagar.                       ...RESPONDENTS
                                               .....
                        Mr. Deepak D. Choudhari, Advocate for the Petitioner
                         Mr. Amar V. Lavte, AGP for the Respondent/State
                                               .....

                                     CORAM :       MANGESH S. PATIL &
                                                   Y.G. KHOBRAGADE, JJ.
                                     DATE      :   23.04.2025

            JUDGMENT :

- (Per: Y.G. Khobragade, J.)

1. Rule. Rule made returnable forthwith. At the joint request of

the parties the matter is being disposed of at the stage of admission.

(2) wp 14104.21

2. By the present petition, the petitioner takes exception to the

judgment and order dated 23.11.2021 passed by the respondent

no.2/scrutiny committee thereby invalidating the caste claim of the

petitioner of Koli Mahadev (ST-29) Scheduled Tribe.

3. Having regard to the submissions canvassed on behalf of both

the sides, we have gone through the petition paper book. It is not in dispute

that despite seven validity certificates having been issued by the scrutiny

committee in favour of the petitioner's paternal blood relatives and those

were tendered in support of claim of the petitioner, however, the respondent

no.2/scrutiny committee has invalidated the petitioner's caste claim.

4. On 06.12.2023, the co-ordinate bench of this Court of which one

of us (Mangesh S. Patil, J.) was a party passed the judgment in writ petition

no.2434/2022 (Saurabh s/o Kakasaheb Shirsath V/s. The State of

Maharashtra & Ors.) and directed the respondent to issue caste validity

certificate in favour of real brother of the petitioner.

5. In the light of above, when this Court on multiple occasions has

had an occasion to consider the merits of the individual claims based on the

same set of evidence revealed during the course of vigilance inquiry, we

need not record separate reasons. For the reasons recorded in the matter of (3) wp 14104.21

Saurabh s/o Kakasaheb Shirsath, cited supra, the writ petition is allowed.

The impugned order is quashed and set aside. The committee shall issue

certificate of validity to the petitioner of Koli Mahadev (ST-29) scheduled

tribe which shall be subject to the final outcome of the matters which the

committee has decided to re-open regarding the validities in the matter.

[Y.G. KHOBRAGADE, J.]                             [MANGESH S. PATIL, J.]




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