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Bombay High CourtWP/2723/2026disposed off

Prashant Vijaykumar Hajare v. The State Of Maharashtra And Another

2026-03-17Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

2026:BHC-AUG:17725-DB 985-wp-2723-2026 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 985 WRIT PETITION NO. 2723 OF 2026 Prashant Vijaykumar Hajare

VERSUS

The State Of Maharashtra And Another ...

Mr. Pratap V. Jadhavar, Advocate for the Petitioner Mr. G. A. Kulkarni, AGP for Respondents/State ...

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

DATED :

17TH MARCH 2026 PER COURT :- 1.

Heard.

2.

The petitioner is challenging order dated 04.03.2026 passed by Respondent No.2-Scrutiny Committee thereby invalidating the tribe claim of the petitioner of belonging to 'Koli Mahadev', Scheduled Tribe.

3.

Learned Counsel for the petitioner by inviting our attention to the genealogy annexed with the Writ Petition submitted that the cousins of the petitioner namely Vikas Sanjakumar Hajare and two others whose tribe claims were invalidated had approached this Court by way of Writ Petition No.11909 of 2021 and this Court by an order dated 24.08.2023 after considering the selfsame record has granted conditional validities to those validity holders. He, therefore, submits Narwade

985-wp-2723-2026 -2that the petitioner also deserves to be granted conditional validity. 4.

Learned AGP does not dispute the relationship of the petitioner with those validity holders so also the fact that this Court has granted conditional validity to them.

5.

Considering the fact that there is no dispute about the relationship of the petitioner with the validity holders to whom this Court has granted conditional validity, we are inclined to pass the following order :- :: O R D E R ::

i.

The Writ Petition is partly allowed.

ii.

The impugned order dated 04.03.2026 passed by Respondent No.2-Scrutiny Committee is hereby quashed and set aside. iii.

Respondent No.2-Scrutiny Committee is directed to issue tribe validity certificate to the petitioner forthwith of belonging to 'Koli Mahadev', Scheduled Tribe which shall be subject to final outcome of the re-opening proceedings initiated by Respondent No.2-Scrutiny Committee against the validity holders, relied upon by the petitioners in Writ Petition No.11909 of 2021.

iv.

The petitioner will not claim any equity.

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