Dinesh Bapurao Thakur v. The State Of Maharashtra And Others

2025:BHC-AUG:29343-DB 951-wp-4707-2021.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4707 OF 2021 Dinesh Bapurao Thakur

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioner : Mr. Yeramwar Sushant C. AGP for Respondent/State : Mr. P.S. Patil ...

CORAM : R.G. AVACHAT & ABASAHEB D. SHINDE, JJ.

DATED : OCTOBER 07, 2025 PER COURT :

.

Heard.

2.

The petitioner claimed to have belonged to 'Thakur' Scheduled Tribe. His tribe claim has been invalidated by the scrutiny committee. He is therefore before us.

3.

The learned AGP has strong reservation to allow the petition merely on the ground of blood relations of the petitioner, who have been granted validity certificates. According to him, granting conditional validity certificates is a way out found by the Courts to deal with extreme urgent cases. So is not the case herein. According to him, there are certain contra entries. He would further submit that the petition must wait until the decision of the scrutiny committee comes in the cases which have been proposed to be reopened. 4.

We are not in agreement with the submissions advanced by the learned AGP. It may take indefinite period to take the matters

951-wp-4707-2021.odt (2) which have been reopened, to a logical conclusion. The orders passed in those proceedings may even be assailed in writ petitions. The fact in this case is that this Court vide order dated 01.08.2024 passed in Writ Petition No.15304 of 2023 granted petitioner's daughter conditional validity certificate. The Scrutiny Committee has also granted validity certificates in favour of other blood relations of the petitioner. It is informed that there are total five validity certificates granted to close blood relations of the petitioner. Nothing otherwise is shown to refuse to grant the relief.

5.

In view of the same, the petitioner deserves to be granted similar treatment. Hence, the following order :

ORDER

(i) The writ petition is partly allowed.

(ii) The impugned order is quashed and set aside.

(iii) Respondent no.2 - Committee shall immediately issue tribe validity certificate to the petitioner as belonging to 'Thakur' Scheduled Tribe.

(iv) The validity shall be subject to the final outcome of the matters which the committee has decided to re-open.

(v) The petitioner shall not be entitled to claim equities. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) Mujaheed//