Ananda Datta Totawad v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:20976-DB 1 88.WP.4132.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4132 OF 2025 ANANDA DATTA TOTAWAD

VERSUS

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

Advocate for the Petitioner : Mr. Jayewar Sainath Gangadhar AGP for Respondents: Ms. M.N. Ghanekar ...

CORAM

: SANDIPKUMAR C. MORE & ABASAHEB D. SHINDE, JJ.

DATE : 04.05.2026 PER COURT (ABASAHEB D. SHINDE, J.) :

1.

Heard learned counsel for the petitioner and learned AGP.

2.

By this writ petition, the petitioner takes exception to the order dated 13.03.2025, passed by the respondent - Scrutiny Committee by which the tribe claim of the petitioner of belonging to 'Mannervarlu' scheduled tribe has been invalidated. 3.

Learned counsel for the petitioner submits that beside filing voluminous documents which have probative value as well as the validity granted by this Court, the respondent - Scrutiny

2 88.WP.4132.25.odt Committee has committed an error in invalidating tribe claim of the petitioner. He would submit that his cousin brother namely Shivaji Rajendra Totawad, whose tribe claim was invalidated had approached this Court by way of Writ Petition No.8531/2024 and this Court after considering the entire selfsame record granted conditional validity vide order dated 25.09.2024. He also relied on the order dated 06.01.2025 passed by this Court in Writ Petition No.90/2025, in the case of Aditya Yadav Totawad Vs. The State of Maharashtra and another, wherein, this Court has granted conditional validity which according to the learned counsel for the petitioner is his close blood relative. He therefore urge that the petitioner deserves to be granted conditional validity. 4.

Per contra, learned AGP would justify the impugned order, however, she does not dispute the relationship of the petitioner with the validity holders (supra). In that view of the matter, we find that the petitioner also deserves to be granted conditional validity. We, therefore, pass the following order :

O R D E R

I.

The Writ Petition is partly allowed.

II.

The impugned order dated 13.03.2025, is hereby quashed and set aside. The respondent - Scrutiny Committee is

3 88.WP.4132.25.odt directed to issue validity certificate to the petitioner of belonging to 'Mannervarlu' scheduled tribe.

III.

Needless to state that the said tribe validity certificate issued in favour of the petitioner will be subject to final outcome of the proceedings of reopening of tribe claims of the validity holders on which the petitioner places reliance. (ABASAHEB D. SHINDE, J.) (SANDIPKUMAR C. MORE, J.) habeeb/