Jitendra Babulal Mudiraj v. The State Of Maharashtra Through Its Secretary And Others
2026:BHC-AUG:2205-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD 959 WRIT PETITION NO. 8317 OF 2025 Jitendra Babulal Mudiraj
VERSUS
The State Of Maharashtra Through Its Secretary And Others ...
Mr. Omgashad B. Boinwad, Advocate for the Petitioner Mr. N. B. Patil, AGP for Respondents/State ...
CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.
DATED : JANUARY 17, 2026 P.C.:
1.
Heard learned Counsel for the petitioner as well as learned AGP appearing for Respondent No.2/Scrutiny Committee as well as Respondent/State.
2.
By the present Writ Petition the petitioner is challenging the judgment and order dated 03.03.2025 passed by Respondent No.2Scrutiny Committee by which the tribe claim of the petitioner of belonging to 'Koli Mahadev-29', Scheduled Tribe has been invalidated. 3.
Learned Counsel for the petitioner inviting our attention to the genealogy filed before Respondent No.2/Scrutiny Committee submitted that Ayushi Vishal Katamwar, a cousin niece of the petitioner whose tribe claim was invalidated by Respondent No.2/Committee had approached this Court by filing Writ Petition No.9033 of 2024 and this
Court by an order dated 26.09.2024 after considering the material placed on record has granted her conditional validity. 4.
Learned counsel for the petitioner submits that despite the fact that Respondent No.2/Scrutiny Committee has admitted the relationship of the petitioner with Ayushi Vishal Katamwar in the impugned order, however the validity granted in favour of the said Ayushi has been discarded. He therefore submits that the petitioner deserves to be granted conditional validity on the basis of said validity. 5.
Learned AGP on the other hand submits that the surname of the petitioner with that validity holder does not tally. However, he fairly concedes that surname of the petitioner i.e. 'Mudiraj' is also known as 'Katamwar' and the same fact can be seen from the impugned judgment and order itself.
6.
Considering the fact that the niece of the petitioner has been granted conditional validity by this Court in Writ Petition No.9033 of 2024 and since the relationship of the petitioner with the said validity holder is not in dispute, we are inclined to allow this Writ Petition partly. Hence, the following order :- :: ORDER ::
i.
Writ Petition is allowed partly.
ii.
The impugned judgment and order dated 03.03.2025 passed
by Respondent NO.2-Scrutiny Committee is quashed and set aside.
iii.
Respondent No.2-Scrutiny Committee is directed to issue tribe validity certificate to the petitioner as belonging to 'Koli Mahadev-29', Scheduled Tribe.
iv.
The validity shall be subject to the final outcome of the matters which Respondent No.2-Scrutiny Committee has decided to reopen [ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]