Satyajeet Sachindanand Putthewad And Others v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:26255-DB 1 WP / 11599 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11599 OF 2024

1. Satyajeet Sachidanand Putthewad Age : 21 years, Occu - Education R/o Digras, Tq. Udgir, Dist. : Latur

2. Vrushali Shrianant Puttewad Age - 19 years, Occu - Education, R/o : Digras, Tq. Udgir, Dist. Latur

3. Rushab Shrianant Putthewad Age - 23 years, Occu - Education, R/o : Digras, Tq. Udgir, Dist. Latur

4. Gauravi Madhusudan Putthewad Age - Minor, Occu - Education, Under Guardian of father - Madhusudan Gopalrao Putthewad Age : 51 years, Occu - Service, R/o : Digras, Tq. Udgir, Dist. Latur ... Petitioners

Versus

The State of Maharashtra through its Secretary and Another ... Respondents ...

Advocate for Petitioner : Mr. Jadhavar Pratap V. A.G.P. for Respondents : Mr. R.S. Wani ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 23 OCTOBER 2024 ORDER (MANGESH S. PATIL, J.) :

Heard both the sides finally at the stage of admission, with consent.

2 WP / 11599 / 2024 2.

The petitioners who are blood relatives inter se, are challenging the common order of the respondent - scrutiny committee, refusing to validate their 'Koli Mahadev' scheduled tribe certificates. 3.

Admittedly, there are several blood relatives in the family who possess certificates of validity, more importantly, issued pursuant to the orders of this Court, one Hariram Govindrao Putthewad who is the real cousin of petitioners' fathers' was held entitled to have a certificate of validity by the order dated 28-07-2004 of this Court in writ petition no. 4713 of 2004. His daughter Priyanka Hariram Putthewad was also held entitled to have a certificate of validity in writ petition no. 14454 of 2021 by the order of this Court dated 22-12-2021. Apart therefrom, even the respective fathers of the petitioners also possess certificates of validity. Since there is no dispute about the blood relationship of the petitioners with the validity holders, irrespective of the observations of the committee, since Hariram possesses clear validity, the petitioners are entitled to derive its benefit. 4.

However, since the committee now intends to undertake review of the validities issued in the family for the reasons mentioned in the impugned order, their certificates of validity would be subject to the final outcome of these matters.

5.

The writ petition is partly allowed.

3 WP / 11599 / 2024 6.

The impugned judgment and order dated 04.10.2024 passed by the respondent No.2 - Scrutiny Committee is quashed and set aside.

7.

The respondent No.2 - Scrutiny Committee shall immediately issue tribe validity certificates to the petitioners as belonging to 'Koli Mahadev' scheduled tribe in the prescribed proforma. 8.

The validity certificates of the petitioners shall be coterminus with the validity certificates of the blood relatives of the petitioners who are facing reverification. The order having dictated in presence of the learned AGP and the Law Officer of the Committee, they shall immediately communicate this order to the Committee. 9.

The petitioners shall not be entitled to claim equities. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/