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Bombay High CourtWP/12490/2024disposed off

Adinath Apparao Thakar v. The State Of Maharashtra Through Its Secretary And Another

2026-04-29Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde3 pages

2026:BHC-AUG:20169-DB 1 961.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 WRIT PETITION NO. 12490 OF 2024 ADINATH APPARAO THAKAR

VERSUS

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

Advocate for the Petitioner : Mr. Boinwad Omgashad B. AGP/APP for Respondent/State : Mr. G.A. Kulkarni ...

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

DATE : 29.04.2026 PER COURT : (PER : ABASAHEB D. SHINDE, J.) .

Heard.

2.

The petitioner takes an exception to the order dated 25.10.2024 passed by the respondent/Scrutiny Committee by which the tribe claim of the petitioner of belonging to 'Thakar' Scheduled Tribe has been invalidated.

3.

Learned counsel for the petitioner submits that the Scrutiny Committee has committed an error in discarding voluminous documents produced by the petitioner in support of his claim. He further submits that the Scrutiny Committee has also discarded the validity certificates produced by the petitioner of his blood relatives. He would further submit that a cousin brother of the petitioner viz. Prathmesh Ganesh Bhosale whose tribe claim was invalidated had approached this Court by filing Writ Petition No.9968 of 2024 wherein, this Court after considering the self-same record granted conditional

2 961.doc validity vide its order dated 10.09.2024. He therefore, urge that the petitioner deserves to be granted conditional validity. 4.

Per contra, learned AGP would oppose the Writ Petition and submits that the Scrutiny Committee has noticed several contra entries and therefore, the petitioner is not entitled for even granting conditional validity. He therefore, urge that the Writ Petition deserves to be dismissed.

5.

Having heard the learned counsel for the petitioner and the learned AGP, we find that the cousin brother of the petitioner viz. Prathmesh Ganesh Bhosale whose tribe claim was invalidated, has been granted conditional validity by this Court and since, neither the Scrutiny Committee nor the learned AGP is able to dispute the relationship of the petitioner with the said validity holder. We therefore, find that the petitioner deserves to be granted conditional validity. We therefore, pass the following order :

ORDER

i) The Writ Petition is partly allowed.

ii) The impugned order dated 25.10.2024 passed by the respondent No.2/Scrutiny Committee invalidating the tribe claim of the petitioner of belonging to 'Thakar' Scheduled Tribe is hereby quashed and set-aside.

iii) The respondent No.2/Scrutiny Committee is directed to issue tribe validity certificate to the petitioner of belonging to 'Thakar' Scheduled Tribe.

3 961.doc iv) We make it clear that the validity certificate issued in favour of the petitioner shall be coterminus with the validity certificate of father of his cousin brother viz. Ganesh Bhosale.

v) The petitioner would not claim any equity. ( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) vsj..