Madhav Jalba Makalwad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:37686-DB 1 970.WP.14343.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14343 OF 2023 MADHAV JALBA MAKALWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner: Mr. Phatale Sagar S. and Mr. R.K. Mendadkar AGP for respondent / State : Ms. R.P. Gour Advocate for Respondents : Mr. Ajinkya Reddy ...

CORAM

: R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 23.12.2025 PER COURT:

1.

Heard.

2.

By this writ petition the petitioner is challenging the common order dated 27.06.2019 passed by the respondent - caste scrutiny committee by which the caste scrutiny committee invalidated the caste claim of the petitioner and son of the petitioner of belonging to 'Koli Mahadev' scheduled tribe.

3.

The learned counsel for the petitioner would submit that the son of the petitioner whose caste claim was rejected by the impugned common order had challenged the same by filing Writ Petition No.8702/2019 which came to be dismissed by this Court vide judgment and order dated 23.07.2024. He would further submit that the judgment

2 970.WP.14343.23.odt and order passed by this Court in the said writ petition was assailed before the Hon'ble Apex Court by filing SLP (C) No.27410/2024 and the Hon'ble Apex Court by judgment and order dated 12.08.2025 has allowed the said SLP by holding that the son of the petitioner belongs to 'Koli Mahadev' scheduled tribe.

4.

The learned AGP would submit that in light of the judgment and order passed by the Hon'ble Apex Court in the case of son of petitioner appropriate order may be passed.

5.

We, therefore, of the considered view that since son of the petitioner has already been granted validity by the Hon'ble Apex Court by judgment and order dated 12.08.2025, the petitioner deserves to be granted validity. Hence, we pass the following order :

O R D E R

I.

The writ petition is allowed.

II.

The impugned order dated 27.06.2019 passed by the respondent - scrutiny committee is quashed and set aside. III.

The respondent - scrutiny committee shall issue the petitioner validity certificate of 'Koli Mahadev'.

IV.

With these directions, the writ petition stands disposed of. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) habeeb/