Abhijeet Arvind Patil v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:4603-DB Corrected order in view of the speaking to the minutes of the order dt. 14.02.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 661 OF 2025 WITH CIVIL APPLICATION NO. 1734 OF 2025 IN WP/661/2025 Trishula d/o Arvind Patil, Age 38 years, Occ. Service, R/o. Ramwadi, Tq. Dharashiv, Dist. Dharashiv.
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Petitioner
VERSUS
1) The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai.
2) The Scheduled Tribe Certificate Verification Committee, Chh.
Sambhajinagar, Through its Dy. Director (R) Dist. Aurangabad.
3) The Deputy Director, Account and Treasury, Konkan Division, Room No. 506, 5th Floor, Konkan Bhavan.
4) The Pay & Account Officer, Office of Pay and Account, Near Family Court, Bandra-Kurla Complex, Bandra East, Mumbai-01.
...
Respondents ...
Advocate for Petitioner : Mr. Sunil Mahadev Appa Vibhute A.G.P. for Respondents/State : Mrs. P.J. Bharad ...
AND WRIT PETITION NO. 648 OF 2025 Abhijeet s/o Arvind Patil, Age 34 years, Occ. Service, 1/4
R/o. Ramwadi, Tq. Dharashiv Dist. Dharashiv.
...
Petitioner
VERSUS
1) The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai.
2) The Scheduled Tribe Certificate Verification Committee, Chh.
Sambhajinagar, Through its Dy. Director (R) Dist. Aurangabad.
3) The Secretary, Samaj Jagrati Shikshan Sanstha Murud, Samaj Jagrati Madhyamik & Uchha Madhyamik Vidhyalaya Murud, Tq. & Dist. Latur 4) The Head Master, Samaj Jagrati Madhyamik & Uchha Madhyamik Vidhyalaya Murud, Tq. & Dist. Latur ...
Respondents ...
Advocate for Petitioner : Mr. Sunil Mahadev Appa Vibhute A.G.P. for Respondent/State : Mr. S.R. Wakale Advocate for Respondent No.2 : Mr. R.R. Khandebharad ...
CORAM
: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.
DATE : 12.02.2025 PER COURT :
Common order of the respondent-scrutiny committee in the matter of siblings is being questioned by them by preferring separate writ petitions dated 06.01.2025.
2.
We have heard both the sides finally.
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3.
The genealogy relevant for the purpose can be traced from the papers as under:
Motiram Shankar Patil Narayan Yashoda Satyabhama Prashant (V.H.) Arvind Ranjeet (V.H.) Jivanrao (V.H.) Trishula Abhijit Rohan Rohit Rohini Rushikesh Abhishek Suchita Savita Asha Prasad (V.H.) (V.H.) (V.H.) (V.H.) 4.
The petitioner's real uncles Prashant, Ranjeet and Jivanrao possess certificates of validity. All the issues of Prashant also possess validities. Ranjeet's children were also held to be entitled to have certificates of validity by the order of this Court in Writ Petition No. 12688/2023, passed on 22.07.2024.
5.
Pertinently, after Ranjeet had faced invalidation and had approached this Court. His matter was remitted back to the committee for decision afresh. While passing the order holding him entitled to have a certificate of validity on 18.12.2009, the committee inter alia referred to the validities in the family of the first decree relations, he was held entitled to have a certificate of validity. It is in the light of above mentioned state affairs, following the principles laid down in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others; 2023 SCC Online SC 326, when admittedly, the first decree cousins and paternal uncles have been issued with certificates of validity pursuant to the order of this Court or the committees from time to time, the petitioners are entitled to have certificates of validity.
6.
The writ petitions are allowed.
7.
The impugned order is quashed and set aside.
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8.
The Committee shall immediately issue 'Koli Mahadev' scheduled tribe validity certificate to the petitioners.
9.
Pending civil application is disposed of.
( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 4/4