Chandrahas Babasaheb Sable v. The State Of Maharashtra Thr Its Secretary And Others

2024:BHC-AUG:29096-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 WRIT PETITION NO. 2194 OF 2021 CHANDRAHAS BABASAHEB SABLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.D.D.Chaudhari, Advocate for the petitioner. Mr.M.K.Goyanka, AGP for the respondent/State. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : DECEMBER 9, 2024 PER COURT :

1.

Heard both the sides finally.

2.

The petitioner is challenging the common judgment and order dated 16.01.2021 in his matter as also in the matter of his son Akash, whereby the respondent Scrutiny Committee invalidated their Koli Mahadev Scheduled Tribe claims and confiscated and cancelled their certificates.

3.

In WP No.1017/2021, by order dated 20.01.2021, the khs/Dec.2024/2194

- 2 - petition was allowed and the petitioner's son Akash was directed to be issued with certificate of validity. It was declared that the validity certificate would be subject to the final outcome of the matters of the validity holders which he was relying upon and which the Committee had decided to re-scrutinize.

4.

In the light of the above, the writ petition is allowed. The impugned order is quashed and set aside to the extent of the petitioner. He shall be issued with the certificate of validity immediately of "Koli Mahadev" Scheduled Tribe. The validity certificate shall be subject to the final outcome of the matters which the Committee has decided to reopen. The petitioner shall not claim equities. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Dec.2024/2194