Mangesh Trimbak Nidbane v. The State Of Maharashtra And Another

2025:BHC-AUG:24262-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9777 OF 2025 Mangesh Trimbak Nidbane ... PETITIONER

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. P.V. Jadhav, Advocate for petitioner Mrs. D.S. Jape, A.G.P. for State .......

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

DATE : 11th SEPTEMBER, 2025 O R D E R :

Heard. The petitioner claims to have belonged to "Koli Mahadev", Scheduled Tribe. His tribe certificate was subjected to validation. The respondent Scrutiny Committee did not grant validity certificate. The petitioner is, therefore, before us.

2.

The petitioner mainly relies on the validity certificates granted to his real sister and three cousins by this

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Court only. According top him, since those validities have been granted conditionally, the petitioner being similarly placed,r equires the same treatment.

3.

The learned A.G.P. would, on the other hand, submit that, the school and revenue record of the blood relations of the petitioner who hold the validity have been manipulated. According to her, it is nothing short of a case of fraud. She, therefore, urged for dismissal of the Writ Petition. 4.

The petitioner's real sister and three cousins have been granted conditional validity certificates by the orders of this Court. The submission of the learned A.G.P. that the record has been manipulated could be taken care of during the proceedings which have been reopened. Since the close blood relations of the petitioner hold validity certificates, that too granted by this Court, we have no other option but to grant the petitioner conditional validity. Hence the order :

ORDER

(i) The Writ Petition is allowed. The impugned order is hereby quashed and set aside.

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(ii) The respondent Scrutiny Committee shall issue the petitioner certificate validating her claim to have belonged to "Koli Mahadev", Scheduled Tribe.

(iii) The certificate to be issued to the petitioner shall be coterminus with the validity certificates on which the petitioner has relied before us.

(iv) The petitioner shall not claim any equity.

(v) In the event the petitioner's case is reopened, the petitioner shall co-operate with the Scrutiny Committee for taking the matter to its logical end. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) FMPathan/-