Sonali Mangalsing Barwal Through Guardian Mangalsing Magansing Barwal v. The State Of Maharashtra Through Its Secretary And Another

2025:BHC-AUG:30303-DB 1 949.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO. 6230 OF 2025 SONALI MANGALSING BARWAL THROUGH GUARDIAN MANGALSING MAGANSING BARWAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for the Petitioner : Mr. Gore Ravindra Vitthal AGP for Respondent/State : Mr. K.K. Naik ...

CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 06.11.2025 PER COURT :

.

Heard.

2.

The petitioner claims to have belonged to Rajput Bhamta caste Vimukta Jati (A). Her caste claim was subjected to validation. The Respondent/Scrutiny Committee has turned down the petitioner's claim. She is, therefore, before us.

3.

Pending this petition, the petitioner claims to have secured one document in the nature of First Information Report (F.I.R) registered against the petitioner's grandfather, wherein his caste has been shown as Rajput Bhamta. She wants to rely on the said document. A copy of the F.I.R bears the signature of Tehsildar/ Taluka Executive Magistrate, in recognition of having been issued, from his record. Be that as it may, the genuineness of this document and probative value of the contents therein could only be scrutinized by the Respondent/Scrutiny

2 949.doc Committee.

4.

The learned A.G.P has no objection to remand the matter back to the Scrutiny Committee, for verification of the said document. 5.

In view of the above, Writ Petition is allowed in terms of the following order :

ORDER

A) Writ Petition is allowed.

B) The impugned order is set-aside.

C) The matter is remanded back to the Respondent No.2/Scrutiny Committee. The Committee shall decide the petitioner's claim on its own merits, after giving her an opportunity of hearing.

D) Needless to mention that the Scrutiny Committee shall not be influenced by any of the observations made by this Court as regards to the copy of the F.I.R, sought to be relied on before it, in support of the petitioner's claim. E) The Respondent No.2/Scrutiny Committee shall decide the caste claim of the Petitioner, within a time frame of six months, from the date of receipt of copy of this Order. ( ABASAHEB D. SHINDE, J. ) ( R.G. AVACHAT, J. ) vsj..