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2007 DAILYLAW 1785 (BOM)

SATISH NIVRUTTI CHAVAN v. THE STATE OF MAH AND ORS

WP/2166/2007 · 2026-03-27

Shri Abasaheb D Shinde, Shri Sandipkumar C More

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Judgment text

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966-wp-2166-2007 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 966 WRIT PETITION NO. 2166 OF 2007 Satish Nivrutti Chavan VERSUS The State of Maharashtra And Ors. ... Mr. Sagar S. Phatale, Advocate for the Petitioner Mr. G. A. Kulkarni, AGP for Respondents/State ... CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ. DATED : 27TH MARCH 2026 PER COURT (Abasaheb D. Shinde J.):- 1. Heard. 2. By this Writ Petition the petitioner takes exception to the order dated 26.02.2007 passed by Respondent No.2-Scrutiny Committee by which the tribe claim of the petitioner of belonging to ‘Thakar’, Scheduled Tribe has been invalidated. 3. A short issue has been raised by the learned Counsel for the petitioner for seeking remand of the matter contending that during pendency of the Writ Petition the petitioner has received oldest documents pertaining to School record of his grandfather as well as the subsequent validities granted by this Court. 4. Learned AGP does not dispute the said fact however he submits that since these documents were not initially placed before Narwade 2026:BHC-AUG:14327-DB 966-wp-2166-2007 -2- Respondent No.2-Scrutiny Committee, it had no occasion to consider those. 5. Since the learned Counsel for the petitioner and learned AGP are ad-idem for remanding the matter back to the Respondent No.2- Scrutiny Committee for considering the said documents, we are inclined to allow this Writ Petition partly. Hence we pass the following order :- :: O R D E R :: i. Writ petition is partly allowed. ii. Impugned order dated 26.02.2007 passed by Respondent No.2-Scrutiny Committee is hereby quashed and set aside and the matter is remanded back to Respondent No.2-Scrutiny Committee for giving sufficient opportunity to the petitioner to place on record the documents pertaining to school record of his grandfather and certain validities granted by this Court. iii. We make it clear that we have not expressed anything on the merit of the matter. Respondent No.2-Scrutiny Committee may decide the matter on its own merit and in accordance with law. iv. Considering the fact that the tribe claim of the petitioner is of the year 2007, we expect Respondent No.2-Scrutiny Narwade 966-wp-2166-2007 -3- committee to decide the tribe claim of the petitioner as expeditiously as possible and preferably within a period of one year from today. v. With these directions Writ Petition stands disposed of. [ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.] Narwade