1014-WP-6351-2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1014 WRIT PETITION NO. 6351 OF 2020 Khanderao Arjun Wakade ….Petitioner VERSUS The State of Maharashtra and others …..Respondents ….. Mr. S. S. Phatale and Mr. Sushant C. Yeramawar, Advocate for the Petitioner Ms. P. J. Bharad, AGP for the Respondent Nos.1 to 3 ….. CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 29.07.2025 PER COURT : 1. The Petitioner claims to be belonging to the ‘Tokare Koli’ Scheduled Tribe. His claim towards the said tribe is invalidated by the impugned order dated 26/09/2019. During the pendency of the Petition, the Petitioner came to know that, his second degree cousins are issued the validities by the Competent Scrutiny Committee towards the said tribe and some old record showing the entries and caste of the paternal grandfather and paternal cousins grandfather of the Petitioner came to be secured by the Petitioner, which formed the basis to issue the validites to his second degree cousins. 2. The learned Advocate for the Petitioner submits that, the matter be remanded back to the Scrutiny Committee, as the aforesaid documents were not before the Scrutiny Committee. 1 2025:BHC-AUG:20016-DB 1014-WP-6351-2020.odt 3. The learned AGP appearing for the State and the Scrutiny Committee opposes the prayer. 4. Since there are subsequent developments in the nature of validities issued to the second degree cousins of the Petitioner on the basis of the old record of the Petitioner’s paternal grandfather and his paternal cousins grandfather, the appropriate course would be to set aside the impugned order and remand the matter back to the Scrutiny Committee for reconsideration and decision in accordance with law, after giving an opportunity to the Petitioner. Hence, the following order : ORDER (a) The Writ Petition is partly allowed. (b) The impugned order dated 26/09/2019 passed by the Respondent - Scrutiny Committee is quashed and set aside. (c) The matter is remanded back to the Respondent – Scrutiny Committee for consideration and decision on its own merits, in accordance with law, by giving an opportunity to the Petitioner. (d) The Petitioner shall appear before the Respondent – Scrutiny Committee on 11/08/2025. (e) The Respondent – Scrutiny Committee shall consider and decide the Petitioner’s tribe claim within a reasonable period and, in any case, within a period of six (6) months from the date of the appearance of the Petitioner. [NEERAJ P. DHOTE, J.] [R. G. AVACHAT, J.] Sameer/July-2025 2