Yash Sudarshan Honwadajkar Thr Father And Natural Guardian Sudarshan Raghunath Honwadajkar v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:7412-DB ( 1 ) 928 wp 3443.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 3443 OF 2025 YASH SUDARSHAN HONWADAJKAR THR FATHER AND NATURAL GUARDIAN SUDARSHAN RAGHUNATH HONWADAJKAR

VERSUS

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

Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents/State : Mr. V.M. Kagne .....

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

DATE :

12.03.2025 P.C. :- 1.

The petitioner is challenging the order dated 05.03.2025 of the respondent/scrutiny committee refusing to validate his Koli Mahadev tribe certificate. Issue notice. The learned AGP waives service for both the respondents.

2.

We have heard both the sides finally.

3.

It is matter of record that the impugned order has been passed by permitting the petitioner to adopt the reply filed by his sister-Sukhada to the vigilance inquiry report in her matter. She having faced a similar

( 2 ) 928 wp 3443.25 invalidation had put up a challenge to the order of the committee in writ petition no.8251/2023. By order dated 13.07.2023 her petition was allowed and she was held entitled to have a certificate of validity albeit subject to some conditions.

4.

Since it is a matter of adjudication, when decision in the matter of Sukhada and that of the petitioner is based on the same set of evidence, the propriety demands that the conclusion drawn by coordinate Division Bench in the matter of Sukhada should seal the fate of this matter as well. 5.

The writ petition is partly allowed. The impugned order is quashed and set aside for the reasons recorded in the matter of Sukhada. 6.

The committee shall issue a certificate of validity to the petitioner which shall be co-terminus with the validities which the committee has decided to reopen. The petitioners shall not be entitled to claim equities. [Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub