Shriram Ambadas Tapse v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:11188-DB 1 932 & 949.WP.4857.25+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 WRIT PETITION NO.4857 OF 2025 SHRIRAM AMBADAS TAPSE
VERSUS
1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA MUMBAI
2. THE SCHEDULED TRIBE CERTIFICATE VERIFICATION COMMITTEE CH. SAMBHAJINAGAR, THROUGH ITS DY. DIRECTOR (R), DIST. CH. SAMBHAJINAGAR
3. THE SUPERINTENDENT OF POLICE BEED, DIST. BEED AND 949 WRIT PETITION NO.4874 OF 2025 UMESH SHRIRAM TAPSE
VERSUS
1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA MUMBAI
2. THE SCHEDULED TRIBE CERTIFICATE VERIFICATION COMMITTEE CH. SAMBHAJINAGAR, THROUGH ITS DY. DIRECTOR (R), DIST. CH. SAMBHAJINAGAR
3. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, DHARASHIV DIST. DHARASHIV ...
Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP for Respondents: Mr. R.K. Ingole ...
CORAM
: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.
DATE : 09.04.2025 PER COURT:
The petitioners are challenging the common order of the respondent - Scrutiny Committee dated 28.03.2025 refusing to validate
2 932 & 949.WP.4857.25+.odt their 'Koli Mahadev' scheduled tribe certificates. 2.
Issue notice to the respondents. Learned AGP waives service. 3.
At the joint request, the matters are heard finally today itself. 4.
It is being pointed out that the claims have been decided by resorting to two separate vigilance inquiry reports. By the report dated 06.11.2023, vigilance inquiry was conducted in the matter of petitioner Shriram and couple of his blood relatives namely Rushikesh Dhananjay Tapse and Rutuja Dhananjay Tapse. By another common vigilance inquiry, a report was submitted in respect of the claims of petitioner Umesh and Swapnil Ratna Tapse on 18.01.2025. Rushikesh and Rutuja had suffered invalidation and could succeed to have certificates of validity pursuant to the order of this Court dated 19.08.2024 in writ petition No.8395/2024.
5.
Since the Committee has chosen to decide the claims of both these petitioners by the impugned common judgment and order it implies that the Committee is not disputing the blood relationship inter se between them. Even it cannot now dispute the relationship of both these petitioners particularly Umesh Shriram Tapse with Rushikesh and Rutuja. 6.
This also demonstrates that same set of evidence has been subjected to scrutiny by the Committee for arriving at both the decisions one while deciding Rushikesh and Rutuja's claims and while deciding the petitioners' claim by the impugned common judgment and order. 7.
In view of the above, for the reasons recorded in the matter
3 932 & 949.WP.4857.25+.odt of Rushikesh and Rutuja, these petitions are partly allowed. The impugned order dated 28.03.2025 is quashed and set aside. The respondent No.2 - Committee shall immediately issue tribe validity certificates to the petitioners as belonging to 'Koli Mahadev' scheduled tribe in the prescribed format without adding anything. The validities shall be subject to the final outcome of the matters which the committee has decided to reopen.
8.
The petitioners shall not be entitled to claim equities. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/