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2025 DAILYLAW 2658 (BOM)

ADITYA SANJAY KUMAR KOLI v. STATE OF MAHARASHTRA THRO. ITS SECRETARY TRIBAL DEVELOPMENT DEPT.

WP/14466/2025 · 2026-08-20

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

910-WP-14466-25.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14466 OF 2025 Aditya Sanjaykumar Koli …Petitioner Versus State of Maharashtra & Ors. …Respondents ---------- Mr. R.K. Mendadkar a/w Mr. Jagadish C. Kawale for the Petitioner. Mr. P.P. Kakade, Addl.GP with Ms. D.S. Deshmukh, AGP for the Respondent-State, ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J DATE : 20 August 2026 ORDER : 1. By this Petition, the Petitioner has sought quashing and setting aside of the impugned judgment and order dated 20th September 2024 passed by Respondent No. 2 Scrutiny Committee, invalidating the Caste Certificate of the Petitioner as belonging to Koli Mahadev Scheduled Tribe issued by Competent Authority of jurisdiction, with further direction to issue Caste Validity Certificate in favor of the Petitioner in light of the adjudication rendered by this 1/4 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.08.24 17:58:34 +0530 910-WP-14466-25.doc Court. 2. We have heard the learned Counsel for the parties as well as perused the interim order dated 7th November 2025 by which this Court observed that the Petitioner's father Sanjaykumar Koli's caste claim had been invalidated by the Scrutiny Committee and the Writ Petition challenging the invalidation had been dismissed by this Court as well as, the Special Leave Petition therefrom had been dismissed by the Supreme Court. Further, the Review Petition has also been dismissed for which a curative Petition is pending. Having so observed, this Court issued rule and did not grant interim relief. 3. Thereafter, an additional Affidavit has been filed in Support of the Writ Petition in which, the Petitioner has placed reliance upon documents which were not produced before the Respondent No. 2 Scrutiny Committee, and which pertain to pre- constitutional documents showing the paternal blood relatives’ caste as ‘Mahadev Koli’. It is the contention of Respondent No. 2 Scrutiny Committee itself that these documents have been produced for the first time before this Court. 2/4 910-WP-14466-25.doc 4. We accordingly, consider it appropriate, notwithstanding the fact that the caste claim of the Petitioner's father had been invalidated, to remand the matter back to the Respondent No. 2 Scrutiny Committee for a fresh consideration of the caste claim of the Petitioner in light of these documents. It is also pertinent to note that these documents were not produced in the proceedings of the Petitioner's father as well as his grandfather and brother whose caste claims have been invalidated. 5. We accordingly, remand the matter back to the Respondent No. 2 Scrutiny Committee by setting aside the impugned judgment and order dated 20th September 2024. 6. The Respondent No. 2 Scrutiny Committee shall decide the caste claim of the Petitioner de novo by considering the material on record including the new documents which the Petitioner has relied upon and annexed to the additional Affidavit filed in Support of the Petition within a period of two months from the date of this order. 7. An opportunity of hearing shall also be granted to the 3/4 910-WP-14466-25.doc Petitioner prior to the passing of the said decision. 8. We accordingly, dispose of the present Petition in these terms. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 4/4