Sambhaji Malbarao More v. The State Of Maharashtra Through Secretary Home Dept

2024:BHC-AUG:30457-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14292 OF 2023 SAMBHAJI MALBARAO MORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Chandrakant R. Thorat, Advocate for the petitioner. Shri R.S. Wani, AGP for respondent Nos.1 to 3/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 17th December, 2024 Per Court ( Prafulla S. Khubalkar, J.

):- Heard finally by consent of the parties.

2.

The petitioner challenges the final order dated 02.11.2023 passed by respondent No.3/ Scheduled Tribe Certificates Scrutiny Committee thereby, invalidating the petitioner's claim for 'Koli Mahadev', Scheduled Tribe. 3.

The petitioner has challenged this order on several grounds including that his close paternal side relatives have been granted validity certificates pursuant to the orders passed by this Court in their respective Writ Petitions. The petitioner has placed

*2* on record a copy of final order dated 07.08.2024 in Writ Petition No.14267/2023 which was a petition filed by his son (Malbarao s/o Sambhaji More) and daughter (Aishwarya d/o Sambhaji More). By this order dated 07.08.2024, validity certificates have been ordered to be issued in favour of the petitioner's son and daughter.

4.

In view of the validity certificates granted in favour of his son and daughter, although they were made subject to final outcome of the matters of other validity holders to be reopened by the Scrutiny Committee, the petitioner is also entitled for grant of a validity certificate on similar terms. Hence, the following order:- (a) The impugned order dated 02.11.2023 passed by respondent No.3 Scrutiny Committee is quashed and set aside. (b) Respondent No.3 Scrutiny Committee is directed to immediately issue a validity certificate of 'Koli Mahadev', Scheduled Tribe to the petitioner.

(c) This validity would be subject to final out come of the matters of other validity holders to be reopened by the

*3* Scrutiny Committee.

(d) The petitioner shall not be entitled to claim equities. (e) No order as to costs.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)