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2007 DAILYLAW 1781 (BOM)

DILIP V DONE v. COMM. OF SCRUTINY and CASE VERFICATION OR TRIBE CLAIMS AND ORS

WP/9669/2007 · 2026-08-20

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19-WP-9669-2007.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9669 OF 2007 Dilip Vishwanath Donge (since deceased) Through legal heir wife Mangala Dilip Donge .....Petitioner Versus Committee of Scrutiny and Caste Verification of Tribe Claims Amraoti and Ors. .....Respondents ..... Mr. R. K. Mendadkar a/w Ms. Priyanka Shaw, Mr. Siddhant Sawai and Mr. Jagdish Kawale, for the Petitioner. Mr. N. C. Walimbe, Addl. G. P. and Mr. R. M. Shinde, A.G.P., for the Respondent-State. ..… CORAM : M. S. KARNIK & SANDESH D.PATIL, JJ. DATE : 20th AUGUST 2026 P.C.:- 1. Heard learned Counsel for the Petitioner. 2. The caste name of the Petitioner as belonging to the Thakur Scheduled Tribe has been invalidated by the Respondent No.1- Committee of Scrutiny and Caste Verification of Tribe Claims (the “Scrutiny Committee” for short). 3. During the pendency of the Petition, the Petitioner’s daughter- Kum. Mayuri Dilip Donge has been issued with a Certificate of Manisha 1/4 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA TALEKAR Date: 2026.08.21 18:44:59 +0530 19-WP-9669-2007.doc Validity as belonging to the Thakur Scheduled Tribe. This is based on the decision of this Court, Bench at Nagpur, dated 11th February, 2020 in Writ Petition No.511 of 2018. By a reasoned Order, this Court had directed the Scrutiny Committee to issue a Certificate of Validity in favour of the Petitioner’s daughter-Kum. Mayuri Dilip Donge. This Court in paragraph 6 observed that, there are various pre-constitutional documents showing that the Petitioner belongs to Thakur Scheduled Tribe. Thus, on the basis of the documents submitted, Kum. Mayuri Dilip Donge was issued the Certificate of Validity. 4. An additional affidavit dated 17th August, 2026 has been filed by the Petitioner’s wife along with the Vigilance Cell Report in respect of the verification of caste name of Kum. Mayuri Dilip Donge by the Scrutiny Committee is placed on record. Annexed to the Vigilance Cell Report, is a genealogy tree duly verified by the Vigilance Cell. In the genealogy tree, Mr. Dilip Vishwanath Donge is shown as the father of Kum. Mayuri Dilip Donge. 5. Though learned A.G.P. for the Respondent-State submitted that the documents on record clearly indicate that the Petitioner does not Manisha 2/4 19-WP-9669-2007.doc belong to the Thakur Scheduled Tribe which aspect has been rightly considered by the Scrutiny Committee, we are of the view that once this Court in Kum. Mayuri Dilip Donge’s case has by reasoned order based on the pre-constitutional documents held Kum. Mayuri Dilip Donge to belong to the Thakur Scheduled Tribe, the Petitioner being the father of Kum. Mayuri Dilip Donge, close blood relative, thus is entitled to a Certificate of Validity belonging to Thakur Scheduled Tribe. 6. We draw support from the decision of the Hon’ble Supreme Court in the case of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti V. State of Maharashtra and Ors., [2023 SCC Online SC 326] and Apoorva Nichale Vs. Divisional Caste Scrutiny Committee [2010 (10) MH.LJ 401]. 7. Hence, we proceed to pass the following Order: ORDER (i) The Writ Petition No.9669 of 2007 is allowed. (ii) The impugned Order dated 18th December, 2001 passed by the Respondent No.1 is quashed and set aside. The Manisha 3/4 19-WP-9669-2007.doc Petitioner (since deceased) is declared to belong to the Thakur Scheduled Tribe. (iii) On the basis of such declaration, the legal heirs to make an appropriate application to the Scrutiny Committee for grant of Certificate of Validity. (iv) Accordingly, Writ Petition No.9669 of 2007 is disposed of. (SANDESH D.PATIL, J.) (M. S. KARNIK, J.) Manisha 4/4