Suraj Atmaram Suradkar And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:24426-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10963 OF 2025 Suraj Atmaram Suradkar and Others ..PETITIONERS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.S. Phatale and Mr. Y.R. Suradkar, Advocates for petitioners Mr. A.A.A. Khan, A.G.P. for respondent nos. 1 and 2 Mr. P.R. Nangare, Advocate for respondent no.3 ....

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

DATE : 11th SEPTEMBER, 2025 PER COURT :

.

The petitioners claim to have belonged to Koli Malhar, Scheduled Tribe. Respondent No.2 - Scrutiny Committee, vide order dated 04th September, 2025 refused to issue the petitioners validity certificates. They are, therefore, before us in this writ petition. 2.

Learned counsel for the petitioners mainly relied on the validity certificates issued in favour of the petitioners' blood relations as per the directions of this Court passed in Writ Petition No. 6172 of 2021 vide order dated 18th July, 2023. He, therefore, urged for granting of validity certificates, at least conditionally.

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3.

Learned A.G.P. would, on the other hand, submit that there are contra entries. The cases in which validity certificates have been granted, have now been reopened. He, therefore, urged for dismissal of the writ petition.

4.

Considered the submissions advanced. Perused the documents relied on.

5.

Admittedly, this Court vide judgment and order dated 18th July, 2023 passed in Writ Petition No. 6172 of 2021 had directed the Scrutiny Committee to issue validity certificate in favour of the petitioners' cousins. The material relied on in this case was very much before the scrutiny committee. As such, the case of the petitioners being at par with the case of those who have been granted the validity certificates, we are inclined to grant the petitioners validity certificates. Hence, the following order :-

ORDER

(I) Writ petition is allowed.

(II) Impugned order dated 04th September, 2025 passed by Respondent No.2 - Scrutiny Committee thereby invalidating the tribe claim of the petitioners as belonging to Koli Malhar Scheduled Tribe, is hereby set aside.

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(III) Respondent No.2 - Scrutiny Committee is directed to issue validity certificates to the petitioners of belonging to Koli Malhar Scheduled Tribe.

(IV) The certificates to be issued to the petitioners shall be coterminus with the validity certificates of Sidheshwar, Akshay and Arti, the petitioners' cousins.

(V) The petitioners shall not claim any equity.

(VI) In the event the petitioners' case is reopened, the petitioners shall co-operate with the Scrutiny Committee for taking the matter to its logical end.

( ABASAHEB D. SHINDE, J. ) ( R.G. AVACHAT, J. ) SSD 3 / 3