Akash Ashok Auti v. The State Of Maharashtra Thr. Secretary Revenue Department And ORS
2026:BHC-AUG:12957-DB 1 PB-4.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 4 WRIT PETITION NO. 3199 OF 2026 AKASH ASHOK AUTI
VERSUS
THE STATE OF MAHARASHTRA THR. SECRETARY REVENUE DEPARTMENT AND ORS ...
Advocate for the Petitioner : Mr. Sunil Mahadevappa Vibhute AGP/APP for Respondent/State : Ms.Chaitali Choudhari Kutti ...
CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.
DATE : 25.03.2026 PER COURT : (PER : ABASAHEB D. SHINDE, J.) .
Heard.
2.
The petitioner has approached this Court seeking direction to decide the tribe claim of petitioner of belonging to 'Koli Malhar' Scheduled Tribe which is pending with the respondent No.2/Scrutiny Committee since 21.06.2013 .
3.
Learned counsel for the petitioner submits that initially the petitioner was armed with the caste certificate of belonging to 'Koli Malhar' Scheduled Tribe however, since, the respondent No.2/Scrutiny Committee was insisting the petitioner to submit the caste certificate in Form 'C' as contemplated under the 'Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003', the petitioner had approached the concerned SDO for issuance of caste certificate in Form 'C'.
2 PB-4.doc 4.
He would further submit that since the concerned Sub-divisional Officer was not issuing caste certificate in Form 'C', the petitioner had approached this Court by filing Writ Petition No.2929 of 2026 and this Court by an order dated 18.03.2026 directed the SDO to issue caste certificate in form 'C' within a period of two weeks from the date of passing of the said order.
5.
He would further submit that before the petitioner could obtain the caste certificate in form 'C' and submit it for its verification, the employer of the petitioner has issued a show-cause notice dated 20.03.2026 thereby calling upon the petitioner to submit the tribe validity certificate failing which the services of the petitioner would be brought to an end.
6.
In peculiar facts and circumstances of the case as directed by this Court vide order dated 18.03.2026, the petitioner shall approach the concerned SDO for obtaining the caste certificate in Form 'C' within a period of one week from today and the concerned Sub-divisional Officer shall issue caste certificate in form 'C' to the petitioner within a period of eight days thereafter.
7.
After issuance of caste certificate in form 'C', the petitioner shall submit the same for its verification with the respondent No.2/Scrutiny Committee within a period of one week thereafter. 8.
If the petitioner submits the caste certificate issued in Form 'C' from the concerned SDO and submits it for its verification as directed hereinabove, the respondent No.2/Scrutiny Committee shall decide the
3 PB-4.doc said tribe claim of the petitioner within a period of six months from the date of submission of proposal for verification of petitioner's tribe claim.
9.
Till the tribe claim of the petitioner is decided, the employer of the petitioner shall not take any coercive action against the petitioner solely on the ground of non-submission of tribe validity certificate. 10.
Needless to state that the protection granted by this Court will operate only till the tribe claim of the petitioner is decided and the petitioner will not claim any equity.
11.
With these directions, the Writ Petition stands disposed of. ( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) vsj..