Pallavi Kondiba Gagdamwad And Another v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:8150-DB 60-WP-3566-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 60 WRIT PETITION NO. 3566 OF 2025 PALLAVI KONDIBA GAGDAMWAD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ....

Mr. C. R. Thorat, Advocate for the Petitioners Mr. S. V. Hange, AGP for the Respondent - State ....

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

DATE : 17.03.2025 PER COURT :- 1.

The petitioners are challenging the common judgment and order dated 24.02.2025 whereby the respondent scrutiny committee has refused to validate their 'Koli Mahadev' scheduled tribe certificate.

2.

Issue notice to the respondents. Learned AGP waives service for both the respondents.

3.

At the joint request we have heard both the sides finally.

(( 2 )) 60-WP-3566-2025 4.

As is being pointed out by the learned counsel for the petitioners, the impugned judgment is an outcome of a common vigilance inquiry report in the matter of petitioners and one Mahesh Manoj Gadamwad dated 05.07.2023. By the judgment and order dated 05.09.2024 Mahesh's claim was decided separately resulting in invalidation of his tribe claim. On his challenge to the judgment and order of the committee in Writ Petition No.9885 of 2024, by the judgment and order of this court dated 09.09.2024, the petition was allowed and he was held entitled to have a certificate of validity which was declared to be co-terminus with the validity of the earlier validity holders.

5.

Since Mahesh's claim and that of the petitioners' claim have been decided pursuant to the evidence collected through a common vigilance inquiry and since it has been already subjected to scrutiny of this court in Mahesh's matter, for the same reasons as have been recorded on 09.09.2024 in writ petition No.9885 of 2024, the writ petition is allowed. The impugned order is quashed and set aside. The committee shall issue certificates of validity to the petitioners of 'Koli Mahadev' scheduled tribe, which shall be subject

(( 3 )) 60-WP-3566-2025 to the final outcome of the matters with the committee has decided to reopen.

6.

The petitioners shall not be entitled to claim equities. [ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] SMS