Pankaj Kishor Kogurwar And Another v. Sub Divisional Officer Kinwat And Another

2025:BHC-AUG:34275-DB 1 74.WP.14089.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14089 OF 2025 PANKAJ KISHOR KOGURWAR AND ANOTHER

VERSUS

SUB DIVISIONAL OFFICER KINWAT AND ANOTHER ...

Advocate for the Petitioner : Mr. Phatale Sagar S. AGP for respondent / State : Mr. K.K. Naik ...

CORAM

: KISHORE C. SANT AND ABASAHEB D. SHINDE, JJ.

DATE : 08.12.2025 PER COURT:

1.

Heard the learned counsel for the petitioners and learned AGP for respondents. In the present case the learned SDO Kinwat refused to give caste certificate to the petitioners. The petitioners, therefore, approached the Caste Scrutiny Committee, Kinwat by filing an appeal under Section 5 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The appeal also came to be rejected making the petitioners to approach this Court. The learned

2 74.WP.14089.25.odt advocate for the petitioners relies on the order passed by this Court in Writ Petition No.8308/2022 in the case of Diksha Vinayak Kogurwar Vs. The State of Maharashtra and others. Diksha is the first cousin sister of the petitioners. The said writ petition is allowed subject to reopening of the case of Vinayak Kogurwar i.e. father of Diksha Kogurwar. The learned advocate for the petitioners, therefore, submits that the appeal ought to have been allowed by the caste scrutiny committee. He prays for direction to SDO to issue certificate.

2.

The learned AGP justifies the order passed by the Committee. 3.

On hearing the parties and going through the petition, it does appear that first cousin namely Diksha is already granted validity certificate though subject to the reopening of the case of her father. The said validity is granted by this Court. This Court finds that there is no reason for not granting certificate to the petitioners by SDO. 4.

Considering above, the writ petition deserves to be allowed. Hence following order:

O R D E R

I.

The writ petition stands allowed.

II.

Order dated 29.02.2024 passed by the tribe scrutiny committee, Kinwat is quashed and set aside.

III.

Learned SDO, Kinwat to grant certificate to the petitioners as

3 74.WP.14089.25.odt belonging to 'Mannervarlu' scheduled tribe. Needless to say that the said certificates shall be subject to the caste scrutiny committee verification.

IV.

The writ petition stands disposed of.

(ABASAHEB D. SHINDE, J.) (KISHORE C. SANT, J.) habeeb/