Tanushree Ramesh Karod And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:26750-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11835 OF 2025 Tanushree Ramesh Karod And Others

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Advocate for the Petitioner : Mr. Phatale Sagar S. AGP for Respondent/State : Mr. P.K. Lakhotiya ...

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

DATED : SEPTEMBER 26, 2025 PER COURT :

.

Heard.

2.

The petitioners claimed to have belonged to Mannervarlu, Scheduled Tribe. Their tribe certificates have been invalidated by the respondent/Scrutiny Committee. The petitioners are therefore before us.

3.

The petitioners mainly rely on the validity certificate granted by the Scrutiny Committee, in favour of father of petitioner no.1. They further rely on the pre-constitutional documents in the nature of revenue record wherein the forefathers of the petitioners have been described to have belonged to 'Mannervarlu' Scheduled Tribe. According to learned advocate, this record would prevail over the subsequent contra entries, if any. He mainly urge for grant of

(2) validity certificates on the ground of father to have been holding the validity.

4.

Learned AGP would on the other hand submit that the old entry in the revenue record is in Modi script. If we see the said entry by magnifying glass, the word 'Mannervarlu' appears to have been introduced later on. So far as regards the document of the year Fasli is concerned, he would submit that the same does not bear any official stamp or any mark indicating the same to have been issued by the revenue record officer. He would further submit that the case of the petitioner's father has now proposed to be reopened. Let the petitioners wait, until the claim of the petitioners father is decided afresh i.e. after the case to have been reopened. He ultimately urge for dismissal of the writ petition.

5.

We have considered the submissions advanced, perused the order impugned herein. It is true that there are certain contra entries of recent origin. It has also been observed that in school record, there are some interpolations. The fact is however that there is a document of the Fasli year 1358. It is in the nature of revenue record. The same is in Modi script. The name of petitioner no.1's great grandfather namely Sayanna Nagau Karod is appearing therein with further addition 'Mannervarlu'. The officer who issued the same claimed it to be a genuine document. He did not observe the word 'Mannervarlu' to have been introduced later on. The father of the

(3) petitioner has been granted validity after enquiry into the matter. As such, the oldest entry indicates the petitioners forefathers to have belonged to 'Mannervarlu'. For the present, we are inclined to grant the petitioners validity certificates, which shall be co-terminus with the validity certificates issued in favour of father of petitioner no.1. 6.

In result, the petition succeeds. Hence, the following order :

ORDER

(i) Impugned order dated 11.09.2025 passed by respondent no.2/Scrutiny Committee is hereby set aside.

(ii) The respondent no.2/Scrutiny Committee is directed to issue the petitioners validity certificates of 'Mannervarlu' Scheduled Tribe. (iii) The validity certificates to be issued shall be co-terminus with the validity certificates of the petitioners forefathers, on whom the petitioners did rest their claim before this Court. (iv) The petitioners shall not claim any equity.

(v) Writ Petition stands disposed of.

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