Sambhaji Vitthalrao Kaletwad v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:11736-DB ( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 966 WRIT PETITION NO. 5273 OF 2025 SHESHARAO RAMJI KALETWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 982 WRIT PETITION NO. 5291 OF 2025 SAMBHAJI VITTHALRAO KALETWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....
Advocate for the Petitioner/s : Mr. Jadhavar Pratap V. AGP for Respondents/State : S/Shri S.R. Wakale & M.K. Goyanka .....
CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.
DATE :
22.04.2025 P.C. :- 1.
The petitioners are challenging the order of invalidation passed by the respondent-scrutiny committee refusing to validate their Mannervarlu scheduled tribe certificates by a common order dated 07.04.2025. 2.
Issue notices in both the matters to the respondent nos.1 and 2. The learned AGPs waive service for respondent nos.1 and 2.
( 2 ) 3.
At the joint request we have heard the matters finally and are disposing of those right now for the peculiar reasons as would be pointed out hereafter.
4.
A common vigilance inquiry was conducted by the committee in respect of several individuals including the present petitioner-Sambhaji Vitthalrao Kaletwad. For the reasons best known to the committee it choose to decide the individuals claim separately. Some of the individuals from and out of those ten persons have already faced orders of invalidation and approached this Court challenging the orders passed in their individual proposals.
By different orders all such petitions were allowed and seven of them namely Manvendra Balaji Kaletwad, Pallavi Dattatraya Kaletwad, Mayuri Chandrakant Kaletwad, Kajal Karmaveer Kaletwad, Raveena Balaji Kaletwad, Rakshita Sheshrao Kaletwad, Datta Baliram Kaletwad were held entitled to have certificates of the validity and in the process this Court quashed and set aside the orders passed by the committee in their respective petitions which have been annexed to the petition i.e. Writ Petition No.14135/2021, Writ Petition No.3459/2023, Writ Petition No.9105/2023, Writ Petition No.9107/2023, Writ Petition No.12574/2022, Writ Petition No.14228/2023, Writ Petition No.15208/2023 and Writ Petition No.2091/2025.
( 3 ) 5.
Though it is a matter of record that the vigilance was not conducted in the matter of petitioner-Sheshrao Ramji Kaletwad the committee has chosen to pass the impugned common order in the matter of both these petitioners. The vigilance inquiry covered the claim of petitionerSambhaji and Rakshita Sheshrao happens to be the daughter of petitionerSheshrao. 6.
In the light of above, when this Court on multiple occasions has had an occasion to consider the merits of the individual claims based on the same set of evidence revealed during the course of vigilance inquiry, we need not record separate reasons. For the reasons recorded in the matter of aforementioned seven individuals, the writ petitions are allowed. The impugned order is quashed and set aside. The committee shall issue certificates of validity to both the petitioners of Mannervarlu scheduled tribe which shall be subject to the final outcome of the matters which the committee has decided to re-open regarding the validities in the matter. [Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub