Ganesh Balaji Bodemwad v. The State Of Maharashtra Through Its Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
48 WRIT PETITION NO.12822 OF 2024 Sandip Balaji Bodemwad
VERSUS
The State Of Maharashtra Through Its Secretary And Others .....
AND 49 WRIT PETITION NO. 12826 OF 2024 Balaji Ganpati Alias Ganpatrao Bodemwad
VERSUS
The State Of Maharashtra Through Its Secretary And Others .....
AND 50 WRIT PETITION NO.12828 OF 2024 Ganesh Balaji Bodemwad
VERSUS
The State Of Maharashtra Through Its Secretary And Others .....
AND 52 WRIT PETITION NO. 13855 OF 2024 Shivaji Chandrakant Bodemwad
VERSUS
The State Of Maharashtra Through Its Secretary And Others .....
Shri. Pratap V. Jadhavar, Advocate for the Petitioners in all the matters Shri. A. R. Kale, Addl. G. P. and Ms. P. J. Bharad, AGP for Respondent / State in the respective matters .....
CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.
Dated : JULY 14, 2025 PER COURT :- .
In these Petitions, the Petitioners are challenging the common order passed by the Respondent No.2 - Scrutiny Committee dated 13.11.2024 by which their claim towards 'Mannervarlu' Scheduled Tribe
came to be invalidated.
2.
We have heard both the sides finally. Perused the papers on record.
3.
Tribe Claim of the Petitioners along with three others was referred to Respondent No. 2 - Scrutiny Committee. After completing the required formalities, the impugned order came to be passed. The other Claimants by name Shubham Govindrao Bodemwad, Shrinivas Govindrao Bodemwad and Govind Shriram Bodemwad, whose tribe claim came to be invalidated by the very impugned order, had approached this Court in Writ Petition Nos.1464 of 2025 and 1350 of 2025 which came to be allowed by order dated 19.03.2025 by following observations:
"4.
Common vigilance inquiry report dated 17.11.2021 forms the basis for deciding both these matters. It is also being pointed out that even Deepak Baburao Bodemwad is one of the nine individuals in respect of whom this common vigilance enquiry has taken place. Deepak had also faced a similar invalidation which was quashed and set aside by the order of this court in writ petition no. 7705 of 2024 on 9 August 2024. 5.
It evident that a common set of evidence has been the subject matter of scrutiny by the Committee as also by the High Court in the matter of Deepak. For the same reasons, as we have been recorded in that matter, these petitions are allowed partly.
6.
The set aside. The impugned order is quashed and committee is directed to issue certificates of validity to the petitioners of '
Mannervarlu' Scheduled tribe, which shall be subject to the final out come of the matters which the committee decided to reopen.
7.
The petitioners shall not be entitled to claim equities."
4.
It is not in dispute that the Petitioners and the said Claimants in the above referred Petitions are from the same family and Petitions filed by the said Claimants came to be allowed. There is also no dispute in respect of genealogy. In view of the above observations in the above Writ Petitions, the only order which can be passed is that of allowing the present Writ Petitions in terms of the above referred order of this Court. Hence, the following order is passed.
O R D E R
(i) The impugned order dated 13.11.2024 passed by the Respondent No.2 - Scrutiny Committee invalidating the tribe claim of the Petitioners is quashed and set aside. (ii) Respondent No.2 - Scrutiny Committee is directed to issue validity Certificates to the Petitioners for 'Mannervarlu' Scheduled Tribe within a period of two (2) weeks. The said validity Certificates shall be subject to the final outcome of the matters which the Committee has decided to reopen. (iii) Writ Petition stands disposed off in the aforesaid terms. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 16/07/2025 11:27:21