Mahendra Pitambar Thakur v. The State Of Maharashtra And Others

2025:BHC-AUG:35683-DB 6553.2019WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

59 WRIT PETITION NO. 6553 OF 2019 MAHENDRA PITAMBAR THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Deshmukh M.S. AGP for Respondent/State : Mr.G.A. Kulkarni ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 15th DECEMBER, 2025.

ORDER :

.

By this petition filed under Article 226 of the Constitution of India, the petitioner challenges the order dated 20th May, 2019 passed by Respondent No.2 - Committee invalidating his tribe claim as belonging to "Thakur, Scheduled Tribe".

2.

Heard learned Advocate for the petitioner and learned A.G.P. for the State. Perused the documents placed on record. 3.

Admittedly, real uncle of the petitioner namely Bhimsing Jamsing Thakur is issued validity certificate on the basis of the order passed by this Court on 13th September, 2004 in Writ Petition No.87/1998 (Annexure "D"). This Court in detail has considered the merits of claim of Bhimsing and has set aside the order of the Committee and directed the Committee to issue validity certificate of Thakur, Scheduled Tribe to Bhimsing.

4.

Even real brother of the petitioner namely Rajendra Pitambar Thakur is granted validity by the Respondent - Committee on 16.08.2003. The relationship of both these persons is not in dispute. In the light of the decision in Maharashtra Adiwasi Thakur Jamat

6553.2019WP.odt Swarakshan Samiti Vs. The State of Maharashtra and others, 2023 SCC OnLine SC 326, when the blood relations of the petitioner are granted validity, the petitioner is also entitled for validity on the ground of parity.

5.

In the result, Writ Petition is allowed. The impugned order is quashed and set aside. The Respondent - Committee is directed to issue validity certificate to the petitioner as belonging to "Thakur, Scheduled Tribe" within four weeks from the date of uploading of this order.

(VAISHALI PATIL-JADHAV,J.) ( NITIN B. SURYAWANSHI,J.) sga