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2025 DAILYLAW 7117 (BOM)

GOPAL NARAYAN NAGTILAK v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1370/2022 · 2025-02-20

Shri S G Mehare, Shri Shailesh P Brahme

body2025

Judgment text

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1 953-WP-1370-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1370 OF 2022 GOPAL NARAYAN NAGTILAK VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Sushant C. Yeramwar AGP for Respondents : Ms. R. R. Tandale ... CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ. DATE : 20-02-2025 PER COURT:- 1. Heard both sides finally. 2. The petitioner is challenging a common judgment and order dated 31.12.2021 confiscating and invalidating his tribe certificate of 'Thakar' Scheduled Tribe. 3. The learned counsel for the petitioner has placed on record orders passed by the Co-ordinate Benches allowing the writ petitions partly and directing the committee to issue validity certificate conditionally. Those were also emanating from the common judgment which is presently under challenge in this petition. In as many as six claimants received conditional validities by intervention of this Court. The self same record has already been considered. We also proposed to adopt the same 2025:BHC-AUG:5059-DB 2 953-WP-1370-22.odt course. Therefore, we are of the considered view that the petitioner is entitled to validity certificate. The impugned judgment and order is unsustainable. We, therefore, pass the following order:- ORDER i) Writ petition is partly allowed. ii) The impugned judgment and order is quashed ans set aside. iii) Respondent/scrutiny committee shall forthwith issue tribe validity certificate of "Thakar Scheduled Tribe" to the petitioner and the same shall be subject to outcome of re- verification proposed by the scrutiny committee. iv) The petitioner shall not claim equities. [ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd