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2026 DAILYLAW 19327 (BOM)

PARMESHWAR MATOTI PITLEWAD v. THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

WP/13972/2026 · 2026-10-09

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Judgment text

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908-WP-13972-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13972 OF 2026 Parmeshwar Matoti Pitlewad VERSUS The State Of Maharashtra Thr Secretary And Others … • Mr. G. B. Patunkar, Advocate h/f. Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner • Mr. K. N. Lokhande, AGP for Respondent Nos. 1 and 2 - State • Mr. A. S. Shelke, Advocate for Respondent No. 3 … CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 09th OCTOBER, 2026 PER COURT : 1. Heard learned Advocate for the Petitioner, learned AGP and learned Advocate for the Respondents. 2. The grievance of the Petitioner is that his tribe validity claim is pending before Respondent No. 2–Scrutiny Committee. However, Respondent No. 3 has issued an order dated 27.07.2026 directing the Petitioner to submit the caste validity certificate, which has not yet been issued. 3. Learned Advocate for the Petitioner submits that the decision on the caste validity claim is not within the control of the Petitioner, since the proceedings are pending before Respondent No. 2–Scrutiny Committee. He, therefore, prays that Respondent No. 2– Scrutiny Committee be directed to decide the caste validity claim within a stipulated period and that Respondent No. 3 be restrained Jhs/ 1/2 2026:BHC-AUG:48552-DB 908-WP-13972-2026 from taking any adverse action against the Petitioner in the meantime. 4. Considering the aforesaid facts, we find that the present Petition can be conveniently disposed of by passing the following order: ORDER i. The Writ Petition is partly allowed. ii. Respondent No. 2–Scrutiny Committee is directed to decide the tribe validity claim of the Petitioner within a period of two months from today, in accordance with law. iii. The impugned order dated 27.07.2026, issued by Respondent No. 3, is hereby quashed and set aside. iv. No coercive action shall be taken against the Petitioner on account of non-submission of the tribe validity certificate till the tribe validity proceedings are decided by Respondent No. 2–Scrutiny Committee, subject further to the provisions of Section 10(5) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, as amended by Maharashtra Act No. XXXVIII of 2026. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] Jhs/ 2/2