Xyz Thr. Her Natural Guardian And Mother Archana Sambhaji Bhanose v. The State Of Maharashtra Thr. Its Principal Secretary, Public Health Dept. And ORS

(1) 36 WP-1944.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO. 1944 OF 2026 KONDABAI VIKRAM JAMADAR @ KONDABAI NAMDEO SARJE

VERSUS

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

Mr. S.S. Phatale, Advocate for the petitioner. Mr. S.P. Sonpawale, A.G.P. for respondent Nos.1 and 2. Mr. A.P. Bhandari, Advocate for respondent Nos.3 and 4. ...

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

DATED : 23 FEBRUARY 2026.

Final Order (Per Abasaheb D. Shinde, J.) :

1.

Heard.

2.

By this writ petition, the petitioner beside challenging communication dated 20.01.2026 issued by respondent No.3 by which the candidature of the petitioner for grant of retailership has been cancelled for non submission of validity certificate, is also seeking direction that the tribe claim of the petitioner of belonging to "Mahadev Koli" Scheduled Tribe, which is pending before the respondent No.2/Scrutiny Committee since 21.01.2025, be directed to be decided expeditiously.

3.

As far as the prayer by which communication dated 20.01.2026 is sought to be challenged is concerned, we are of

(2) 36 WP-1944.2026.odt the considered view that the same cannot be considered at this stage. We have, however, found that the tribe claim of the petitioner which is pending before respondent No.2/Scrutiny Committee since 21.01.2025, needs to be decided expeditiously. We therefore direct respondent No.2/Scrutiny Committee to decide the tribe claim of the petitioner as early as possible and preferably within a period of three months from today.

4.

With this direction, the writ petition stands disposed of. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde