Kunal Nanasaheb Koli And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:20026-DB 1 wp 6822.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6822 OF 2024 1.

Kunal Nanasaheb Koli 2.

Nanasaheb Shamrao Koli .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri M. V. Thorat, Advocate for the Petitioners. Mrs. S. S. Joshi, A.G.P. for the Respondent Nos. 1 and 2. Shri S. D. Kaldate, Advocate for the Respondent No. 3. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 30 AUGUST 2024.

FINAL ORDER :

.

Heard.

2.

Petitioners are challenging the decision dated 18.08.2024 of the respondent No. 2/scrutiny committee refusing to validate their Koli Mahadev scheduled tribe certificates. 3.

It is being pointed out that Sakshi Nanasaheb Koli, who happens to be the sister of petitioner No. 1 - Kunal and petitioner No. 2 Nanasaheb is their father, had also faced invalidation. In Writ Petition No. 5638 of 2024 by the order dated 23 July 2024, she was held entitled to have a certificate of validity inter alia by undertaking a threadbare scrutiny of the pre-constitutional Fasli record of the forefathers, which the

2 wp 6822.24 Committee had castigated as manipulated or forged one and discarding that conclusion.

4.

There being no dispute about the relationship between Sakshi and the petitioners, for the self same reasons, which have been resorted to by the division bench in Sakshi's matter the writ petition deserves to be partly allowed. We, therefore, pass following order.

5.

The writ petition is allowed partly. The impugned judgment and order dated 18.06.2024 is quashed and set aside. The respondent No. 2/Scrutiny Committee shall issue validity certificates to the petitioners of 'Koli Mahadev' scheduled tribe immediately in prescribed proforma. The same shall be subject to the outcome of the reopening of the matters of the validity holders to be undertaken by the committee. The petitioners shall not claim equities.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 24