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2026 DAILYLAW 14545 (BOM)

KIRAN VASANTRAO TURE v. DIVISIONAL COMMISSIONER CHH SAMBHAJIANAGAR AND OTHERS

WP/13335/2026 · 2026-09-30

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Judgment text

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904 WP NO. 13335 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13335 OF 2026 Kiran Vasantrao Ture VERSUS Divisional Commissioner Chh Sambhajianagar And Others … • Mr. Gite Umesh Babanrao, Advocate for the Petitioner • Mr. P. K. Lakhotiya, AGP for Respondents - State … CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 30th SEPTEMBER, 2026 PER COURT : 1. Head Mr. Gite, the learned Advocate for the petitioner and Mr. Lakhotiya, the learned AGP for Respondent/State. 2. The prayer in this petition is to direct the Respondent No.1/Divisional Commissioner to register and decide the Appeal proceedings of the petitioner, wherein challenge is sought to be raised to the impugned order dated 20/08/2026 passed by Respondent No.2/Committee invalidating the tribe claim of the petitioner as belonging to “Koli Mahadev”, Scheduled Tribe. 3. It is specifically brought to the notice of this Court that now, in view of Section 6B i.e. (6)(ख) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Jhs/ 1/2 2026:BHC-AUG:46356-DB 904 WP NO. 13335 OF 2026 Backward Category (Regulation of Issuance and Verification of) Caste Certificate, Act, 2026 (Mah.XXXVIII of 2026) (hereinafter referred to as “the said Act”), a remedy of appeal is provided. By way of notification dated 10/08/2026 now the Divisional Commissioner of the respective area is appointed as an Appellate Authority under the said Act. 4. Learned Advocate Mr. Gite submits that though by way of adding sub-Section (5)(a) and (5)(b) to Section 10, protection is granted to a person who is in service for a period of 90 days. 5. The respondent No.1/Appellate Authority to register an Appeal and decide the same as early as possible. Till such time, in terms of Section 10(5)(a) and 10(5)(b), no adverse action be taken against the petitioner. 6. With these, writ petition stands disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] Jhs/ 2/2