Salim Akbar Lalani Solp Prop. Jyoti Builders And Developers v. The State Of Maharashtra Throu. Its Sec. Tribal Development Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SUNNY ANKUSHRAO THOTE Date: 2025.09.10 11:22:41 +0530 SUNNY ANKUSHRAO THOTE CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3144 OF 2024 Salim Akbar Lalani

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Girish Godbole, Senior Advocate a/w Mr. Rohan Savant i/by Mr. Laxman Jain, Advocate for the Petitioner.

Mr. Kirankumar J. Phakade a/w Mr. Sanket Mane, Advocate for Respondent Nos.3 & 4.

Mr. S.C. Mangle, (Through V.C.), Advocate for Respondent Nos.5 to 7.

Mr. V.G. Badgujar, AGP for the Respondent/State. Mr. Dipak S., Law Officer, CVC Thane, present. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 8th SEPTEMBER, 2025 P.C. :- 1.

This matter was heard for quite some time. We have perused the impugned order dated 12th October, 2022, passed by the Competent Committee granting validity certificate to Santosh Rama Nadge, Raju Rama Nadge and Umesh Laxman Nadge, thereby validating their claim of belonging to the 'Warli Scheduled Tribe'.

We find that the impugned order is cryptic and does not carry reasons.

2.

The learned AGP has tendered a photostat copy of the communication dated 8th September, 2025, received by him from the Joint Commissioner cum Vice Chairman of the Scheduled Tribe Validity Certificate Committee, Shri. Sandeep D. Golait. The said copy of the communication is taken on record and marked as 'X' for identification. The communication 'X' indicates that the Committee is willing to rehear and reconsider the entire claim of the aforesaid three persons and decide the claim afresh.

3.

In view of the above, by consent of all the parties, this Writ Petition is partly allowed. The impugned order dated 12th October, 2022, is quashed and set aside by consent, also of the said three persons. The cases of these three persons are restored to the file of the said Committee, for the Konkan Division, at Thane. The validity certificates issued to these three persons pursuant to the impugned order, shall stand cancelled and they shall return the same to the Committee, forthwith.

4.

The learned AGP submits that the Committee is desirous of deciding the said proceedings within six months. As such, all the litigating parties agree to appear before the Committee on 22nd September, 2025 at 12:00 noon. Thereafter, they would abide by the dates of hearing on which the matter would be posted. Statements are recorded.

5.

We caution the Committee that it would consider the claims of these three persons on their merits and shall pass a reasoned order by taking into account the law as may be applicable. Let the said proceeding be concluded, on or before 31st March, 2026.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)