Shivanand Ramesh Pupulwad And Others v. The State Of Maharashtra Through Its Secretary And Another
2025:BHC-AUG:11897-DB 1 940,957,959.WP.5335.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 940 WRIT PETITION NO.5335 OF 2025 VYANKATI TUKARAM PUPULWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents: Mr. S.R. Wakale ...
AND 957 WRIT PETITION NO.5352 OF 2025
1. SHIVANAND RAMESH PUPULWAD
2. SHILPATAI D/O RAMESH PUPULWAD
3. SUNIL S/O BALAJI PUPULWAD U/G BALAJI S/O NAGORAO PUPULWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...
Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents: Mr. S.R. Wakale ...
AND 959 WRIT PETITION NO.5354 OF 2025 ARCHANA RAMESH PUPULWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents: Mr. S.R. Wakale ...
CORAM
: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.
DATE : 23.04.2025
2 940,957,959.WP.5335.25.odt PER COURT:
Leave granted to delete respondents No.3 and 4 in Writ Petition No.5335/2025 and respondents No.3 to 5 in Writ Petition No.5354/2025. Amendment to be carried out forthwith. 2.
All these petitioners are impugning the common judgment and order of the scrutiny committee dated 07.04.2025, whereby, it has rejected their "Mannervarlu" scheduled tribe claims. 3.
Issue notice to the respondents. Learned AGP waives service for both the respondents in all the petitions. 4.
At the joint request of the parties, the matters are being disposed of at this stage itself.
5.
As is appearing from the observations of the Committee in the impugned order and as is being pointed out by the learned advocate for the petitioners, a vigilance inquiry conducted in the matter of Pavan Vyankati Pupulwad has been allowed to be applied in the claims of these petitioners while those were being decided by the impugned judgment and order. In Writ Petition No.10709/2023, Pavan had put up a challenge to a similar order, whereby, the Committee has rejected his claim. By the order dated 01.09.2023 a coordinate division bench of this Court allowed the writ petition and held Pavan entitled to have a certificate of validity.
6.
Meaning thereby that same set of evidence is a subject matter of scrutiny by the scrutiny committee not only while deciding
3 940,957,959.WP.5335.25.odt Pavan's claim but while passing the impugned order. If this Court in the matter of Pavan has already considered the worth of the evidence and its effect, the propriety demands that we shall not indulge in fresh scrutiny of the same set of evidence.
7.
Resultantly, for the reasons recorded by this Court in the matter of Pavan (W.P. No.10709/2023), even these petitions are allowed. The Committee shall issue certificates of validity to each of these petitioners of "Mannervarlu" scheduled tribe immediately. Those certificates shall be co-terminus with the certificates of validity of the members of the family whose cases the Committee has decided to reopen. 8.
The petitioners shall not claim equities.
(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb/