MAHENDRA S/O MANOHARRAO HEDAU v. THE STATE OF MAHARASHTRA, THR. ITS CHIEF SECRETARY, MUMBAI AND ORS
CAW/1299/2026 · 2026-06-17
Nivedita Prakash Mehta, Urmila Joshi Phalke
body2026
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[ 2026 DAILYLAW 1209 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1209 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 8-caw-1299-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 1299/2026 IN WRIT PETITION NO. 3355/2020 (D) Mahendra s/o Manoharrao Hedau Vs. The State of Maharashtra, through its Chief Secretary and others WITH WRIT PETITION No. 3465/2020 (D) Ms. Varsha D/o Sudhakarrao Hedau Vs. The State of Maharashtra, through is Chief Secretary and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.M. Sudame, Advocate & Mr. Shankar Borkute, Advocate for petitioner Mr. Nitin Rao, AGP for the Applicant / Respondent – State
CORAM: URMILA JOSHI PHALKE AND NIVEDITA P. MEHTA, JJ.
DATED : 17.06.2026
1. The present Civil Application has been preferred by the applicant – Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, seeking stay of the operation and effect of the judgment and
order dated 04.05.2026 passed by this Court in Writ Petition No. 3355 of 2020 along with Writ Petition No. 3465 of 2020. By the said judgment, this Court allowed the writ petitions and passed the following operative
order:
“(i) Both the Writ Petitions are allowed. (ii) The
impugned
order
dated
2 8-caw-1299-2026.odt 29.09.2020,
passed
in
case
No. lvk@vtizrl@ukx@III@1134@31@2013 and in case No. lvk@vtizrl@ukx@III@1133@31@2013] passed by the Respondent No.2 – Scheduled Tribe Certificate Scrutiny Committee, Nagpur is hereby quashed and set aside. (iii) It is declared that the Petitioners duly established that they belong to “Halba” Scheduled Tribe. (iv) The Respondent No.2 – Scheduled Tribe Certificate Scrutiny Committee, Nagpur is hereby directed to issue the validity certificates of
“Halba” Scheduled Tribe to the Petitioners within a period of four weeks.”
2. Learned Assistant Government Pleader appearing for the applicant–Scrutiny Committee submits that the aforesaid judgment has been challenged before the Hon'ble Supreme Court by filing Special Leave Petition (Diary) Nos. 34657 of 2026 and 34654 of 2026 on 01.06.2026. It is submitted that, in view of the ensuing vacation of the Hon'ble Supreme Court, the Special Leave Petitions may not be taken up immediately. He, therefore, prays that the operation and effect of the judgment dated 04.05.2026 be stayed for a period of three months to enable the applicant to seek appropriate interim relief from the Hon'ble Supreme Court.
3. Per contra, Shri Borkute, learned counsel appearing for the petitioners, vehemently opposed the application, contending that grant of any stay at this stage would seriously prejudice the petitioners, who have already succeeded before this Court.
4. Having considered the rival submissions and the circumstances brought to our notice, we are of the
3 8-caw-1299-2026.odt view that the ends of justice would be adequately served by granting the applicant a limited protection so as to enable it to approach the Hon'ble Supreme Court. Accordingly, the operation and effect of the judgment and order dated 04.05.2026 passed in Writ Petition No. 3355 of 2020 with Writ Petition No. 3465 of 2020 shall remain stayed for a period of six weeks from today.
5. It is made clear that if, within the aforesaid period, the applicant–Scrutiny Committee fails to obtain any interim protection from the Hon'ble Supreme Court, this Court shall not entertain any further application seeking extension of the present order of stay.
6. The Civil Application is accordingly disposed of.
(NIVEDITA P. MEHTA, J.) (URMILA JOSHI PHALKE, J.) MP Deshpande