OMSAI SHIVAJIRAO ROYALAWAR v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER
WP/9065/2024 · 2025-02-05
Shri S G Mehare, Shri Shailesh P Brahme
body2025
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[ 2025 DAILYLAW 26103 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26103 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 902-WP.9065-24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9065 OF 2024 OMSAI SHIVAJIRAO ROYALAWAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ... Advocate for the Petitioner : Mr. Boinwad Omgashad B. AGP for Respondents-State : Mr. P. S. Patil. …
CORAM : S. G. MEHARE, AND SHAILESH P. BRAHME, JJ.
DATE : 05.02.2025 PER COURT
:-
1. Heard both sides finally at the admission stage.
2. The petitioner is challenging the judgment and order dated 02.01.2024 invalidating his tribe certificate of "Koli Mahadev" Schedule Tribe. He is relying upon validities which are as follows : Sr. No.
W. P. No.
Order Date Name of Relative Relation 1 9196/2019 Principal Seat 21.08.2019 Chaitanya and Tushar S/o Venkat Royalawar Cousin 2 14349/2021 12.12.2022 Aniket Govindrao Royalawar Vaishnavi Sanjiv Royalawar Cousin 3 636/2022 02.02.2023 Aditya Balajirao Royalawar Cousin 4 11373/2022 09.08.2023 Krishna Sanjiv Royalawar Cousin 5 9096/2024 04.09.2024 Ambika Venkat Royalawar Cousin 2025:BHC-AUG:3263-DB
2 902-WP.9065-24.odt
3. It reveals from the record that Coordinate Benches have issued validity certificates to the blood relatives of the petitioner. We have gone through genealogy which shows that the validity holders are figuring in it. There is no dispute for the relationship of the petitioner with the validity holders. Considering the numerous validities issued in the family, petitioner deserves validity certificate.
4. The petitioner is ready to face the consequences as per Shweta Balaji Isankar Vs. State of Maharashtra and others (Writ Petition No.6320 of 2017). We are of the considered view that he is entitled to receive conditional validity.
5. It also reveals from the record that there common vigilance inquiry was conducted in case of Aniket, Aditya and Vaishnavi. All these persons received validity certificates. Petitioner adopted the vigilance report. Hence, it is evident that the selfsame record has already been scrutinized in granting the validity.
6. The Scrutiny Committee discarded the validity certificates considering incompatible and tampered record. However, unless earlier validities are recalled, it would not be
3 902-WP.9065-24.odt fair to deprive the petitioner from same social status. The Committee would be at liberty to undertake the proceedings of re-verification. It is informed that show cause notices have also been issued to the earlier validity holders. We find that impugned judgment and order is unsustainable. Hence, we pass the following order :
O R D E R (i) Writ Petition is allowed partly. (ii) The impugned judgment and order is quashed and set aside. (iii) Respondent No.2/Scrutiny Committee shall forthwith issued Tribe Validity Certificate of "Koli Mahadev" to the petitioner and the same shall be subject to outcome of re-verification by the Scrutiny Committee. (iv) The petitioner shall not claim equities.
(SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) … vmk/-