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Bombay High CourtWP/1563/2025disposed off

Amol Shivaji Lawande v. The State Of Maharashtra Through Its Principal Secretary And Another

2025-02-03Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:3140-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO. 1563 OF 2025 AMOL SHIVAJI LAWANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER Mr.A.N.Kakade, Advocate for the petitioner.

Mr.V.M.Kagne, AGP for the respondent/State.

( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : FEBRUARY 3, 2025 PER COURT :

1.

The petitioner is challenging a common judgment and order dated 30.09.2024, whereby the respondent/Scrutiny Committee has refused to validate his 'Koli Mahadev' Scheduled Tribe Certificate. 2.

Issue notice to the respondents. The learned AGP waives service of notice on behalf of the respondent/State. 3.

We have heard both the sides.

4.

The impugned judgment and order is a common order in khs/Feb.2025/1563

- 2 - the matter of the petitioner and 2 other individuals including one Shruti Satish Lawande. She had put up a challenge to the same order in WP No.11754/2024. By order dated 23.10.2024, her petition was allowed and she was held entitled to have a certificate of validity and quashed and set aside the judgment and order to her extent. 5.

Since it is a matter of adjudication of the self same order when the co-ordinate division bench has already taken a view on the objective scrutiny of the judgment and order, which held her to be entitled to have a certificate of validity, we cannot undertake a fresh scrutiny much less to arrive at some inconsistent conclusions. 6.

For the reasons recorded in the matter of Shruti Satish (supra), even this Writ petition is allowed partly. The impugned judgment and order to the extent of the petitioner is also quashed and set aside. He shall be issued with a certificate of validity. It shall be coterminus with the validity of the blood relatives of the petitioner, which the Committee has decided to re-open. The petitioner shall not be entitled to claim any equities.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Feb.2025/1563