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Bombay High CourtCA/9806/2025disposed off

Mahesh Girdhar Thakur v. The State Of Maharashtra And Others

2026-04-22Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde3 pages

2026:BHC-AUG:18947-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1000 WRIT PETITION NO. 4092 OF 2012 WITH CIVIL APPLICATION NO. 9806 OF 2025 IN WP/4092/2012 MAHESH GIRDHAR THAKUR ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....Respondents .....

Advocate for the Petitioner : Mr. Vijay B. Patil AGP for Respondent/State: Mr. S. P. Sonpawale ...

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

DATED : APRIL 22, 2026 ORDER:- 1.

Heard learned counsel for the petitioner and learned A.G.P. 2.

By this Writ Petition, the petitioner takes an exception to the order dated 27.03.2012 passed by the respondent/Scrutiny Committee by which the tribe claim of the petitioner of belonging to "Thakar" scheduled tribe has been invalidated.

3.

The learned counsel for the petitioner submits that, during the pendency of this Writ Petition, the real brother of petitioner, whose tribe claim was invalidated by the Scrutiny Committee vide order

(2) dated 17.07/2006, had approached this Court challenging the said invalidation. This Court by detailed judgment and order dated 09.05.2014 in Writ Petition No. 600 of 2007 (Sagar Girdhar Thakur Vs. The State of Maharashtra and others) allowed the said Writ Petition after elaborate discussion and considering the self-same record. He, therefore, submits that, in the light of order passed in the case of his brother namely Sagar Girdhar Thakur in Writ Petition No. 600 of 2007 (supra), the Writ Petition deserves to be allowed. 4.

Learned A.G.P. appearing on behalf of the State does not dispute the relationship nor the fact regarding issuance of validity to the said petitioner, who is admittedly brother of the petitioner. 5.

In that view of the matter, we find that the present Writ Petition deserves to be allowed in the light of judgment of this Court in the case of Sagar Girdhar Thakur (supra) and thus we pass the following order.

ORDER

(I) The Writ Petition is allowed.

(ii) The impugned order dated 27.03.2012 passed by respondent No.3/Scrutiny Committee, Nandurbar thereby invalidating the tribe claim of the petitioner of belonging to "Thakur" scheduled tribe is hereby quashed and set aside.

(3) (iii) The respondent/Scrutiny Committee is directed to issue validity certificate to the petitioner of belonging to "Thakur" Scheduled Tribe.

(iv) The validity certificate of the petitioner shall be subject to the outcome of verification to be undertaken by the Caste Scrutiny Committee of validity holder, on whom the petitioner is relying.

(v) The petitioner shall not be entitled to claim any equities. Writ Petition stands disposed of. By virtue of disposal of Writ Petition, pending Civil Application, if any, also stands disposed of. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/