Digambar Sukhdeo Sapkal vs The State Of Maharashtra Through ...
2025 Latest Caselaw 4991 Bom

Bombay High Court

Digambar Sukhdeo Sapkal vs The State Of Maharashtra Through ... on 24 April, 2025

Author: Mangesh S. Patil

Bench: Mangesh S. Patil

2025:BHC-AUG:12483-DB
                                                                          WP13723-23Koli
                                                                                  Malhar



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 13727 OF 2023

                    Digambar s/o Sukhdeo Sapkal                     ...   Petitioner
                    Age 35 years, Occu: Service,
                    R/o Sarola Tq. Sillod Dist. Aurangabad

                    VERSUS

               1.   The State of Maharashtra,
                    Through its Secretary,
                    Department of TribalDevelopment,
                    Mantralaya, Mumbai32

               2.   Scheduled Tribes Certificate Scrutiny           ...   Respondents
                    Committee,
                    Through its Member Secretary,
                    Aurangabad

               3.   The Assistant Commissioner of Sale Tax,
                    3rd Floor, Old Building,
                    Goods and Service s Tax Bhavan,
                    Mazgaon, Mumbai-10


              Mr. Deepak D. Chaudhari and Mr. Ramesh B. More, Advocates for the
              petitioner
              Ms. P. J. Bharad, AGP for respondent nos. 1 to 3 State

                         CORAM                 :   MANGESH S. PATIL &
                                                   Y. G. KHOBRAGADE, JJ.
                         DATED                 : 24.04.2025

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

1. Rule. Rule is made returnable forthwith. With the consent of

both the sides, it is heard finally at the stage of admission.

WP13723-23Koli Malhar

2. By the present petition under Article 226 of the

Constitution of India, the Petitioner prays for quashing and setting aside

the order dated 20.10.2023, passed by Respondent no. 2 Scheduled

Tribes Caste Scrutiny Committee, thereby invalidating "Koli Mahlar"

Scheduled Tribe claim of the petitioner.

3. We have considered the submissions of the learned Counsel

appearing for the respective parties and perused the petition paper

book. The learned AGP strongly opposed this petition.

4. The learned Counsel appearing for the petitioner took us through

the genealogical tree of the petitioner. As per genealogical tree

Dhondiba Sapkal has a son Balwanta. S/shri Pandu, Durgadas, Malaji

and Bandu are sons of Balwanta. The Petitioner Digambar s/o Sukhdeo

Sapkal is grant-child of Pandu Balwanta Sapkal. Shri Dagduba Bandu

Sapkal was having three children i.e. Abhijit, Vaibhav and Sonali. On

25.07.2018, the Coordinate Bench of this Court at Priniciapal Seat

passed an order in Writ Petition No. 7490 of 2019 (Vaibhav Dagduba

Sapkal-Vs- State of Maharashtra & ors.) and granted conditional

validity of "Koli Malhar" Scheduled Tribe subject to outcome of the

proceeding for cancellation of validities in favour of the petitioner's

WP13723-23Koli Malhar

blood relatives. It is a matter of record that, on 27.20.2021, the

coordinate bench of this Court also passed an order in Writ Petition No.

11933 of 2121 (Abjijit Dagduba Sapkal-Vs-State of Maharashtra and

others) and in Writ Petition No. 2515 of 2021 (Nilesh Dilip Sapkal-Vs-

State of Maharashtra & Ors.) and granted conditional validity

certificates in favour of the petitioners paternal blood relatives.

5. Taking into consideration the law laid down in cases of

Mah. Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of

Maharashtra & Ors.; AIR 2023 S.C. 1657, Shweta Balaji Isankar V/s.

State of Maharashtra & Ors., 2018 SCC Online Bom. 10341,Apoorva

Vinay Nichale-Vs- Divisional Caste Certificate Scrutiny Committee No. 1

and Ors., [2010 (6) Mh. L. J. 401, wherein it has been concluded that

when the biological father, biological siblings, biological uncle etc., are

granted validity certificates, a candidate so related to them, cannot be

deprived of a validity certificate, the present petitioner is entitled to

have a certificate of validity.

6. In view of above discussion, present petition deserves to be

allowed and impugned order dated 20-10-2023 passed by the

WP13723-23Koli Malhar

Respondent no. 2 needs to be quashed and set aside. Accordingly, we

proceed to pass the following order:

ORDER

(i) Writ petition is allowed.

(ii) Impugned order dated 20.10.2023 passed by the Respondent no.

2 is hereby quashed and set aside.

(iii) Respondent No. 2/Committee shall immediately issue tribe

validity certificate in favour of the petitioner as belonging to 'Koli

Malhar ' Schedule Tribes, which shall be co-terminous with the

validities which the Committee has decided to re-open on the

ground of alleged fraud and the petitioner shall suffer the same

consequences and will be liable for the same action.

(iv) Rule is made absolute accordingly.

( Y. G. KHOBRAGADE, J. ) ( MANGESH S. PATIL, J. )

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