Neha Baliram Muddewad And Others v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:8704-DB 926-WP8469-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO. 3788 OF 2025 1.

Neha D/o Baliram Muddewad 2.

Sakshi D/o Raju Muddewad 3.

Ravikumar S/o Madhavrao Muddewad ...PETITIONERS

VERSUS

The State of Maharashtra and Another ...RESPONDENTS ...

Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner Mr. S. R. Wakale, AGP for Respondents-State CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 20.03.2025 PER COURT :- .

The petitioners are challenging the judgment and order of respondent No.2, the Scrutiny Committee, dated 11.03.2025, whereby in a proceeding under Section 7 of Maharashtra Act XXIII of 2001, it has refused to validate 'Koli Mahadev' scheduled tribe certificate.

2.

Issue notice to the respondents for final disposal. Learned AGP waives service for both the respondents. 3.

With consent of both the sides, the matter is disposed of finally today itself, in a peculiar facts and circumstances as will be indicated hereinafter.

(( 2 )) 926-WP8469-25 4.

The petitioner Neha's real sister Anjali Baliram Muddewad had faced invalidation and the decision was a subject matter of challenge at her instance in Writ Petition No.11323 of 2022. By order dated 26.06.2023, she was held entitled to have a certificate of validity.

5.

The committee in the impugned judgment and even the learned A.G.P. submits that a proposal has been forwarded to the state government for challenging the order in the matter of Anjali before the Supreme Court. The fact remains that till the time Anjali's certificate of validity is in force, the petitioner Neha, who is her real sister and even the other petitioners, who are admittedly their blood relatives, cannot be treated differently.

6.

We allow the writ petition partly and quash and set aside the impugned order and direct the committee to issue certificates of validity to the petitioners of 'Koli Mahadev' scheduled tribe which shall be subject to the final outcome of the matter, if any, preferred by the state before the supreme court for challenging the order of this court in the matter of Anjali Baliram Muddewad. [ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] HRJadhav