Datta Baliram Kaletwad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:4063-DB 921 WP 2091 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 2091 OF 2025 Datta s/o Baliram Kaletwad, Age 53 years, Occ. Service, R/o. Bhopala,Tq. Naigaon (Kh) Dist. Nanded.

...

Petitioner

VERSUS

1) The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya,Mumbai.

2) The Scheduled Tribe Certificate Verification Committee Kinwat, Head Quarter at Chh. Sambhajinagar Through its Dy. Director (R), Dist. Chh. Sambhajinagar.

3) The Regional Diary Development Officer, Chh. Sambhajinagar, Kranti Chowk, Chh. Sambhajinagar, Dist. Chh. Sambhajinagar.

...

Respondents ...

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents: Mr. S.R. Wani ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 12.02.2025 PER COURT :

The petitioner is challenging the order of invalidation. 2.

We have heard both sides finally.

3.

It is being pointed out that a common vigilance enquiry was conducted in the matter of 10 individuals and a report was submitted on 11.06.2021. The petitioner was one of them. Even his daughter Pallavi was 1/2

921 WP 2091 OF 2025.odt also from and out of these 10 individuals. For the reasons best known to the committee a separate order was passed in her matter, invalidating her claim. On her challenge to the order in Writ Petition No. 3459/2023, this Court by the order dated 28.03.2023, for the reasons recorded therein, quashed and set aside the order of the committee and declared her to be entitled to have a certificate of validity.

4.

Similarly, five other individuals from the same common vigilance enquiry namely Mayuri Chandrakant Kaletwar, Kajal Karmaveer Kaletwad, Rakshita Shesherao Kaletwad, Manvendra Balaji Kaletwad and Ravina Balaji Kaletwad, have also been able to seek a declaration from this Court and in the process the orders of the committee passed in their respective matters were quashed and set aside and this Court had held them entitled to have certificates of validity.

5.

It demonstrates that a common set of evidence has been scrutinized by the committee from time to time in the matters of all these individuals. If this Court has objectively analysed the conclusions drawn by the committee and had not found favour with it, we are saved from recording additional reasons.

6.

For the selfsame reasons, as have been recorded in the matter of Pallavi, the writ petition is allowed partly. 7.

The impugned order is quashed and set aside. The respondentcommittee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Mannervarlu' scheduled tribe in the prescribed format without adding anything. The validity shall be subject to the final outcome of the matters which the committee has decided to reopen. 8.

The petitioner shall not be entitled to claim equities. ( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 2/2