Chhaya Vitthal Jadhav v. The State Of Maharashtra And Others

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 963 WRIT PETITION NO. 10263 OF 2025 Chhaya Vitthal Jadhav

VERSUS

The State Of Maharashtra And Others ...

Mr. Pratap V. Jadhavar, Advocate for the Petitioner Mr. V. M. Jaware, AGP for Respondents/State ...

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

DATED :

24TH FEBRUARY 2026 PER COURT :- 1.

Heard.

2.

Rule. Rule made returnable forthwith. With the consent of parties petition is heard finally at the stage of admission. 3.

By this Writ Petition the petitioner is challenging the order dated 29.04.2025 passed by Respondent No.2-Scrutiny Committee by which the tribe claim of the petitioner of belonging to 'Koli Mahadev', Scheduled Tribe has been invalidated.

4.

Learned Counsel for the petitioner submits that the genealogy filed before No.2-Scrutiny Committee depicts the relationship of the petitioner with the validity holder namely Nitin Chandrasen Jadhav to whom this Court initially granted validity vide Order dated

-222.06.1995 in Writ Petition No.2636 of 1995. He would further submit that on the basis of validity granted to said Nitin Chandrasen Jadhav, this Court granted validities to other blood relatives of the petitioner, namely Amruta Anuruddha Jadhav and three others vide order dated 06.09.2024 in Writ Petition No.9066 of 2024. He, therefore, urge that since the blood relatives of the petitioner have been granted validities by this Court the petitioner also deserves to be granted validity.

5.

Per contra, the learned AGP submits that the blood relatives on the basis of whose validity the petitioner is seeking conditional validity from this Court, while submitting the proposal for verification of their tribe have placed on record the genealogy and the branch of petitioner or his forefathers does not figure. So far as the validity granted by this Court to Nitin Chandrasen Jadhav is concerned, the Respondent intents to challenge the said judgment before the Hon'ble Apex Court.

6.

Be that as it may. We find that since neither the Scrutiny Committee has disputed the relationship of the petitioner with the said validity holders to whom this Court had granted validity nor the learned AGP is able to dispute the relationship of the petitioner with

-3those validity holders, we find that the petitioner deserves to be granted conditional validity.

7.

In view of the matter, we are inclined to allow the Writ Petition. Hence the following order :

:: O R D E R ::

i.

Impugned order dated 29.04.2025 passed by Respondent No.2-Scrutiny Committee is hereby quashed and set aside. ii.

Respondent No.2 - Committee is directed to issue validity certificate to the petitioner of belonging to 'Koli Mahadev', Scheduled Tribe.

iii.

The validity granted to the petitioner will be co-terminus with the validity of Nitin Chandrasen Jadhav. iv.

Writ Petition stands disposed of accordingly. Rule is thus made absolute.

[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]