Tulshiram Govindrao Baste v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:8708-DB 933-WP3796-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO. 3796 OF 2025 TULSHIRAM GOVINDRAO BASTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Thorat Chandrakant R., Advocate for the Petitioner Ms. V. N. Patil-Jadhav, AGP for Respondents-State ....

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

DATE : 20.03.2025 PER COURT :- .

Heard. The petitioner is challenging the judgment and order 05.03.2025 of the respondent No.2, scrutiny committee, refusing to validate his 'Mannervarlu' scheduled tribe certificate. 2.

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

3.

At the joint request of the parties, the matter is heard finally at the stage of admission.

4.

As is being pointed out by the learned advocate for the petitioner, the impugned order itself mentions about petitioner's cousins Sneha and Sakshi having been granted certificates of validity pursuant to the direction of this court in Writ Petition

(( 2 )) 933-WP3796-25 No.12031 of 2024. In view of that committee issued certificates subsequent to the order of this court. Surprisingly, there is no discussion in the entire impugned judgment and order touching this aspect. Though the committee has refused to extend the benefit of certificates of validation of other blood relatives on the ground of the validity holders having resorted to fraud while obtaining certificates of validity, no such similar remark has been made in respect of the validity of Sneha and Sakshi which admittedly have been granted pursuant to the order of this court in Writ Petition No.12031 of 2024 dated 24.10.2024.

5.

Since, as submitted by the learned advocate for the petitioner, the petitioner is ready to suffer consequences as laid down in the matter of Shweta Balaji Isankar Vs. State of Maharashtra and others (Writ Petition No. 6320 of 2017), when there are several validities in the family which are still in force many of which have been issued pursuant to the orders of this court, namely, Ganesh, Sneha, Sachin, Govind, and few validities issued by the committee on its own, the petitioner is entitled to have a similar certificate of validity, with a similar condition.

(( 3 )) 933-WP3796-25 6.

The Writ Petition is allowed partly. The impugned order is quashed and set aside. The committee shall issue certificate of validity to the petitioner which shall be subject to the final outcome of the matters of the validity holders which the committee has decided to reopen. [ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] HRJadhav