Ganesh Suresh Nagalbone Under Guardian Suresh Dagadu Nagalbone v. The State Of Maharashtra Through Its Secretary And Another
2025:BHC-AUG:9058-DB 932 WP 4131 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 WRIT PETITION NO. 4131 OF 2025 SAYALI SATESH NAGALBONE THROUGH GUARDIAN SATISH DAGADU NAGALBONE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondents: Mr. S.R. Wakale ...
939 WRIT PETITION NO. 4138 OF 2025 SURESH DAGADU NAGALBONE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondents: Mr. S.V. Hange ...
953 WRIT PETITION NO. 4153 OF 2025 GANESH SURESH NAGALBONE UNDER GUARDIAN SURESH DAGADU NAGALBONE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondents: Mrs. P.J. Bharad
CORAM
: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.
DATE : 26.03.2025 PER COURT :
Heard.
2.
By way of these three separate writ petitions, the petitioners are challenging a common judgment and order dated 19.03.2025, whereby respondent no. 2-scrutiny committee has refused to validate their 'Koli Mahadev' scheduled tribe certificates.
3.
Issue notice only to respondent nos. 1 and 2. 4.
The learned A.G.P. waives service for respondent nos. 1 and 2. 1/2
932 WP 4131 OF 2025.odt 5.
At the joint request of the parties, the petitions are being disposed of finally at this stage itself for the peculiar reasons which we record hereinafter.
6.
Petitioner Suresh's daughter Vaishnavi, who happens to be the real sister of petitioner-Ganesh had also sought validation of her tribe certificate. A common vigilance enquiry was conducted in her matter and in the matter of her father, who is the petitioner before us namely Suresh Dagdu Nagalbone. In the impugned order, paragraph nos. 3 and 4 expressly mentions about petitioners having been served with the very same vigilance enquiry report, that was conducted in the matter of Vaishnavi and Suresh. Meaning thereby a common set of evidence is the subject matter of scrutiny for the committee in the matter of Vaishnavi as also in the matter of these petitioners.
7.
Having faced a similar invalidation Vaishnavi had preferred Writ Petition No. 9657/2023. By the judgment and order dated 07.08.2023, this Court allowed her petition and she was held entitled to have a certificate of validity subject to the final outcome of the matters which the committee had decided to reopen in respect of the validity holders which she was relying upon.
8.
In the light of above, for the self same reasons as have been recorded in the matter of Vaishnavi, these petitions are allowed partly. The impugned order is quashed and set aside. The respondent-committee shall issue certificates of validity to each of the petitioners of 'Koli Mahadev' scheduled tribe, 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.) mkd/- 2/2