Gaurav Ganesh Bassi And Another v. The State Of Maharashtra Through Its Secretary And Another
2025:BHC-AUG:22516-DB :: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.12925 OF 2024 Gaurav Ganesh Bassi & anr.
.... PETITIONERS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. P.V. Jadhavar, Advocate for petitioners Mr. A.A.A. Khan, A.G.P. for respondents .......
CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE : 7th AUGUST, 2025 O R D E R :
By consent of both sides, heard finally at the admission stage.
2.
The petitioners have approached this Court by way of this Writ Petition against the common order dated 18/10/2024, passed by the respondent Scrutiny Committee, invalidating the tribe claim of the petitioners towards Naikada - Scheduled Tribe.
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3.
According to learned Advocate for the petitioners, the Committee invalidated the tribe claim of the petitioners on the ground that there was overwriting in the documents of the blood relatives of the petitioners. He submits that, there is no dispute in respect of the genealogy and the real sister of petitioner No.1 Gaurav, by name Shital is granted validity for "Naikada" - Scheduled Tribe by this Court in Writ Petition No.8852/2018, decided on 2/8/2018, and prior to that, the third degree cousins from paternal side of the petitioner by name Prakash and Vikas are granted validity for "Naikada - Scheduled Tribe by this Court in Writ Petition No.889/2017, decided on 4/8/2017. He submits that, the tribe claim of the petitioner's sister was invalidated on the same ground i.e. overwriting in the documents. He submits that, in view of this, the petitioners be granted conditional validity as the respondent Committee has issued show-cause-notices to all the validity holders in the family of the petitioners. 4.
This petition is opposed by the learned A.G.P. appearing for the respondents State and the Scrutiny Committee. However, he does not dispute that this Court, in
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the above referred Writ Petitions, has granted conditional validities to the blood relatives of the petitioners. He submits that, the Scrutiny Committee has filed Review in the said Writ Petition No.889/2017 and appropriate order be passed. 5.
Since this Court, in the above referred petitions, has directed the validity to be issued to the blood relatives of the petitioners, and in the Writ Petition No.8852/2018, conditional validity is directed to be given, and considering that there is no dispute in blood relation between petitioners and the said validity holders, we follow the same course by setting aside the impugned order, and directing the respondent Committee to issue the validity certificates to the petitioners, which shall be co-terminus with the Validities which are reopened. Hence, the following order :
O R D E R
(i) The Writ Petition is partly allowed.
(ii) The respondent Scrutiny Committee shall issue validity certificates to the petitioners as belonging to "Naikada" - Scheduled Tribe within a period of one week from the date of
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receipt of copy of this order, which shall be subject to the outcome of the validity issued to the blood relations and also subject to the decision in the case of review filed by the Scrutiny Committee in Writ Petition No.889/2017. (iii) Writ Petition stands disposed of.
(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) FMPathan/-