Bhakti Ravindra Kothi v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:29298-DB 1 932.WP-12763-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO. 12763 OF 2022 BHAKTI RAVINDRA KOTHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. S.C. Yaramwar h/f. Mr. Chandak Raviraj R. AGP for Respondent/State : Mr. P.K. Lakhotiya ...

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

DATE : 10.10.2025 PER COURT :

.

Heard.

2.

The petitioner claims to have belonged to 'Bhope' Nomadic Tribe (B). Her Tribe Certificate was subjected to scrutiny. The Scrutiny Committee refused to grant validation, to the petitioner's Tribe Certificate. She is, therefore, before us.

3.

We have heard learned Advocate for the petitioner and learned A.G.P for the respondents and also perused the documents on record and the order impugned herein.

4.

The petitioner mainly relies on entries in the revenue record, that dates back to 1954-55 wherein her great grandfather/ Bapu has been

2 932.WP-12763-2022.doc shown to have belonged to 'Bhopi' Nomadic Tribe. The Scrutiny Committee did not place reliance on this document, on the ground that the caste has been recorded as 'Bhopi' Nomadic Tribe and not 'Bhope' Nomadic Tribe (B). The learned A.G.P would submit that in the genealogy given by the petitioner, Vishal, a validity holder, has not been shown whereas, in Vishal's case, he too did not mention the petitioner, in the genealogy, submitted by him, before the Scrutiny Committee and therefore, the relationship of the petitioner with Vishal, could not be said to be proved.

5.

The fact is however, that the oldest entry of 1954-55 indicates the petitioner's great grandfather to have belonged to 'Bhope' Nomadic Tribe. This being the oldest record and there is nothing otherwise to disbelieve the same, the Scrutiny Committee ought to have relied on the same to grant the petitioner, a validity certificate. Since, same has not been done, an interference with the order impugned herein is unwarranted. Hence, we pass following order :

ORDER

i) The Writ Petition is allowed.

ii) The impugned order dated 23.08.2022 passed

3 932.WP-12763-2022.doc by the Respondent No.2/ District Caste Validity Verification Committee is quashed and set-aside. iii) The Respondent No.2/ District Caste Validity Verification Committee shall issue validity certificate of 'Bhope' Nomadic Tribe (B) to the petitioner.

( ABASAHEB D. SHINDE, J. ) ( R.G. AVACHAT, J. ) vsj..