Pavan Madhavrao Kurewad Through Poa Madhav Ramchandra Kurewad And Another v. The State Of Maharashtra Through Its Secretary And Another

2026:BHC-AUG:10805-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 WRIT PETITION NO. 11433 OF 2024 MADHAV RAMCHANDRA KUREWAD ....Petitioner

VERSUS

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

Advocate for the Petitioner : Mr. S. M. Vibhute AGP for Respondent/State: Mr. G.A. Kulkarni ...

AND 948 WRIT PETITION NO. 11516 OF 2024 PAVAN MADHAVRAO KUREWAD THROUGH POA MADHAV RAMCHANDRA KUREWAD AND ANOTHER ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER .....Respondent .....

Advocate for the Petitioner : Mr. S.M. Vibhute AGP for Respondent/State: Mr. S. J. Salgare ....

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : MARCH 10, 2026 ORAL ORDER ( PER ABASAHEB D. SHINDE, J):- 1.

Heard.

2.

Rule. Rule made returnable forthwith. With the consent

(2) of the parties, the matter is taken up for final hearing at the stage of admission.

3.

By these Writ Petitions, the petitioners are challenging the common judgment and order passed by the respondent/Scrutiny Committee dated 03.10.2024, by which the tribe claim of the petitioners of belonging to "Mannervarlu" Scheduled Tribe have been invalidated.

4.

Learned counsel for the petitioners would submit that, the original validity holder is one Vishnu Dattatray Kurewad. Relying on the validity of said Vishnu Dattatray Kurewad, the real niece of the petitioner, in Writ Petition No. 11433 of 2024, whose tribe claim was invalidated, had approached this Court and this Court, after considering the record including the validity certificate of Vishnu Dattatray Kurewad, granted her conditional validity by an order dated 10.08.2023 in Writ Petition No. 9901 of 2023 (Seema Dilip Kurewad Vs. The State of Maharashtra and another). 5.

We have perused the reasonings assigned by the respondent/ Scrutiny Committee while discarding the conditional validity granted by this Court, in the case of Seema Dilip Kuewad (supra) which is solely on the ground that the

(3) same is conditional.

6.

Be that as it may, we find that, once the Scrutiny Committee has not disputed the relationship of the petitioners with the said validity holder, we find that the petitioners deserve to be granted conditional validity.

7.

Though the learned A.G.P sought to rely on certain contra entries and submits that, the petitioners failed to establish their relationship with the validity holder, however, we find that the Scrutiny Committee itself has admitted the relationship of the petitioners with the said validity holder. In that view of the matter, we find that the Writ Petition deserves to be allowed. We, therefore, pass the following order.

O R D E R

(i) The Writ Petitions are allowed.

(ii) The impugned order dated 03.10.2024 passed by respondent No.2/ Scrutiny Committee is hereby quashed and set aside.

(iii) Respondent No.2/ Scrutiny Committee is directed to issue tribe validity certificate in favour of petitioners of belonging to "Mannervarlu" Scheduled tribe, in the prescribed proforma.

(4) (iii) The validity certificates granted to the petitioners shall be co-terminus with the validity holder, whose validity is undertaken to be re-opened by the Scrutiny Committee. 8.

With these directions, the Writ Petition stands disposed of. Rule made absolute in the aforesaid terms. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/