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Bombay High CourtWP/5650/2025disposed off

Prakash Laxmanrao Adke v. The Maharashtra Jeevan Pradhikaran And ORS

2025-04-30Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

2025:BHC-AUG:12592-DB 1 915.WP.5650.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5650 OF 2025 NANDKISHOR CHANDPRAKASH MANDEWAD

VERSUS

1. THE STATE OF MAHARASHTRA DEPARTMENT OF TRIBAL DEVELOPMENT, MANTRALAYA, MUMBAI - 32 THR. IT'S SECRETARY

2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, KINWAT OFFICE AT CHHATRAPATI SAMBHAJINAGAR THR. ITS MEMBER SECRETARY ...

Advocate for the Petitioner : Mr. Vivekanand U. Jadhav AGP for Respondents: Mr. Amar V. Lavte ...

CORAM

: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 29.04.2025 PER COURT:

The petitioner is challenging the order of invalidation dated 22.04.2025, whereby the Committee has refused to validate the petitioner's 'Koli Mahadev' scheduled tribe certificate. 2.

It is being pointed out that the petitioner's claim has been decided by permitting him to refer to and rely upon the reply filed by his real sister Sangeeta in whose matter a common vigilance inquiry was conducted together with her claim and that of some other blood relatives. She having faced invalidation and approached this Court in Writ Petition No.3866/2025 by the order dated 21.03.2025 she was held entitled to have a certificate of validity albeit conditionally.

2 915.WP.5650.25.odt 3.

The circumstance makes it apparent that the evidence scrutinized by the Committee and also by this Court in the matter of Sangeeta is the same which forms the basis for the Committee to pass the impugned judgment and order.

4.

In the light of above, for the selfsame reasons as this Court has recorded in the matter of Sangeeta in the aforementioned writ petition, the present petition is allowed. The impugned order is quashed and set aside. The Committee shall issue certificate of validity to him which shall be coterminous with the validities in the family which the Committee has decided to reopen.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb/