Bhimeshwar Gangadhar Pupalwad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:15042-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4988 OF 2022 Bhimeshwar Gangadhar Pupalwad ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. M.A. Golegaonkar, Advocate for petitioner Mr. S.K. Tambe, Addl.G.P. for respondent nos. 1 to 3 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 11th JUNE, 2025 PER COURT :

1.

The petitioner, who is in the services of Respondent No.4 - State Excise, Parbhani as Constable, claimed to be belonging to "Mannerwarlu" Scheduled Tribe. His claim towards the said tribe was referred to Respondent No.2 - Scrutiny Committee. The said claim came to be rejected by order dated 10th March, 2022.

2.

Learned counsel for the petitioner submits that alongwith the petitioner, claim of two others viz. Om and Rajeshwar, who are the paternal first degree cousins of the petitioner, also got rejected by the very impugned common order. He submits that both, Om and Rajeshwar had challenged the very same order before this Court in Writ Petition No. 4350 of 2023, which 1 / 3

came to be allowed by order dated 19th July, 2023. He submits that similar order be passed in this petition.

3.

Learned A.G.P. does not dispute the aforesaid factual aspect that impugned common order was challenged in the above referred writ petition and the same came to be allowed. He, therefore, submits that appropriate order be passed.

4.

Since the impugned order is the common order rejecting tribe claim of the petitioner and his paternal first degree cousins viz. Om and Rajeshwar and this Court in above referred writ petition by the above referred order has allowed the said petition, we pass the following order :-

ORDER

A.

The writ petition is partly allowed.

B.

The impugned common judgment and order dated 10.03.2022 passed by the respondent No. 2 - Scrutiny Committee is quashed and set aside.

C.

The respondent No. 2 - Scrutiny Committee shall issue validity certificates of 'Mannervarlu' (Scheduled Tribe) to the petitioners within a period of two (02) weeks from today on following conditions :- 2 / 3

a) That the validity certificates shall be subject to outcome of reverification of the validity certificates undertaken by the Scrutiny Committee.

b) The petitioners shall co-operate with the Scrutiny Committee in the matter of reverification reopened by the committee.

c) The petitioners shall not claim any equities. D.

Writ petition stands disposed of.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 3 / 3