Santosh Hanmant Khanderay And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:14870-DB 922-6922-25-WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6922 OF 2025 Santosh Hanmant Khanderay And Another ... Petitioners

VERSUS

The State Of Maharashtra Through Its Secretary And Others ... Respondents ......

Mr. A.D. Shinde, Advocate h/f Mr. S.G. Jayewar, Advocate for the Petitioners Mr. S.D. Ghayal, AGP, AGP for Respondents - State ......

CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ.

DATE : 12th JUNE , 2025 ORDER :

1.

The Petitioners are challenging the order of invalidation dated. 30.04.2025.

2.

We have heard both the sides.

3.

The impugned order has been passed by resorting to the vigilance inquiry report in the matter of Shreya Subhashrao Khanderay, a blood relative of the petitioners as is evident from paragraph no.3 of the impugned order. Shreya's claim was rejected and she together with one Nandini Dilipkumar Khanderay preferred writ petition no.7832/2020. By the order dated

922-6922-25-WP 09.12.2020 the order of the committee was quashed and set aside and she was held entitled to have a certificate of validity. 4.

In the light of the fact that the impugned decision as also the decision in the matter of Shreya resorts to the same vigilance inquiry, for the self same reasons as have been recorded in the matter of Nandini and Shreya, the petition is allowed. The impugned order is quashed and set aside. Both of these petitioners shall be issued with the certificates of validity of Koli Mahadev scheduled tribe which shall be co-terminus with the validities that the committee has decided to re-open.

5.

The aforesaid order makes reference to five claimants whose caste claims have been invalidated. Out of these, three claimants have approached this Court by filing Writ Petition Nos. 5794/2025, 5797/2025, and 5798/2025, of which reference can be made.

[ SACHIN S. DESHMUKH ] [ NITIN W. SAMBRE ] JUDGE JUDGE S.P. Rane