Pratik Sanjay Konkewar v. The State Of Maharashtra And Another
2025:BHC-AUG:24095-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 10381 OF 2025 Sanskar Anil Konkewar
VERSUS
The State Of Maharashtra And Another ...
Advocate for the Petitioner : Mr. Boinwad Omgashad B. AGP for Respondent/State : Mr. A.A.A. Khan AND WRIT PETITION NO. 10382 OF 2025 Shivam Dhondiba Konkewar
VERSUS
The State Of Maharashtra And Another ...
Advocate for the Petitioner : Mr. Chinchole Ghanshyam K AGP for Respondent/State : Mr. A.A.A. Khan AND WRIT PETITION NO. 10383 OF 2025 Pratik Sanjay Konkewar
VERSUS
The State Of Maharashtra And Another ...
Advocate for the Petitioner : Mr. Boinwad Omgashad B. AGP for Respondent/State : Ms. D.S. Jape AND WRIT PETITION NO. 10384 OF 2025 Jivan Someshwar Konkewar And Another
VERSUS
The State Of Maharashtra And Another ...
Advocate for the Petitioners : Mr. Sunil Mahadevappa Vibhute AGP for Respondent/State : Ms. K.B. Patil Bharswadkar ...
CORAM : R.G. AVACHAT & ABASAHEB D. SHINDE, JJ.
DATED : SEPTEMBER 10, 2025
(2) PER COURT :
.
Heard.
2.
The petitioners claimed to have belonged to KoliMahadev Scheduled Tribe. Their tribe certificates were subjected to scrutiny. The respondent/Caste Scrutiny Committee refused to grant validity certificates. The petitioners are therefore before us. 3.
The real brother of the petitioner, Shubham has been granted validity certificate by this Court vide judgment and order dated 05.08.2024 passed in Writ Petition No.14851 of 2019. Other petitioners are the cousins of these two. The vigilance report indicates the relationship between the petitioners and the one in whose favour the validity has been granted. The matter of Niraj, one of the cousin of the petitioner had reached the Hon'ble Apex Court. The Hon'ble Apex Court was pleased to remand the matter back to the Scrutiny Committee. Thereafter, the Scrutiny Committee has issued validity certificate in favour of Niraj. As such, it is a case of blood relations of the petitioners, who are holding validity certificates. 4.
Although the learned AGP's would submit that the cases of the validity holders are proposed to be reopened, since those incumbents are not before us to address the objections raised by the learned AGP's, only course open for us is to grant the petitioners conditional validity certificates.
(3) 5.
In view of the above, writ petitions stand disposed of with the following order :
ORDER
(i) Writ Petitions are allowed.
(ii) The orders impugned therein are hereby set aside. (iii) The respondent/Scrutiny Committee is directed to issue the petitioners' validity certificates of Koli-Mahadev Scheduled Tribe. (iv) The validity certificates to be issued shall be co-terminus with the validity certificates of Niraj and Shubham, on which the petitioners have rest their claim.
(v) The Petitioners shall not claim any equity.
(vi) The Petitioners shall cooperate with the Scrutiny Committee. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) Mujaheed//