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2026 DAILYLAW 2582 (BOM)

SHUBHAM SHANKAR WARKAD THR FATHER POWER OF ATTORNEY HOLDER SHANKAR MAHAJAN WARKAD AND ANOTHER v. THE SATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER

WP/2513/2026 · 2026-04-30

Shri Abasaheb D Shinde, Shri Sandipkumar C More

body2026

Judgment text

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(1) 975 W. P. 2513-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2513 OF 2026 1. Shubham S/o Shankar Warkad, Age : 29 Years. Occ. Education, R/o. Telangwadi, Tq. Kandhar, Through, Father/Power of Attorney Holder, Shankar S/o Mahajan Warkad, Age : 53 Years, Occ. Service, R/o. As above. 2. Shivam S/o Baliram Warkad, Age : 20 Years, Occ. Education, R/o. Telangwadi Tq. Kandhar, Dist. Nanded. 3. Sangam S/o Baliram Warkad, Age : 23 Years, Occ. Nil, R/o. Telangwadi Tq. Kandhar, Dist. Nanded. ..PETITIONERS VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai. 2. The Scheduled Tribe Certificate, Verification Committee Kinwat, Headquarter at Chh.Sambhajinagar, Through its Dy. Director (R), Dist. Ch. Sambhajinagar ..RESPONDENTS …. Advocate for the petitioners : Mr. Sunil M. Vibhute AGP for Respondent Nos. 1 and 2 : Mr. P. S. Patil …. CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ. DATED : APRIL 30, 2026 2026:BHC-AUG:20610-DB (2) 975 W. P. 2513-2026.odt ORAL ORDER (PER ABASAHEB D. SHINDE, J):- 1. Heard. 2. By this Writ Petition, the petitioner takes an exception to the common judgment and order dated 19.12.2025, by which the respondent/ Scrutiny Committee has invalidated the tribe claim of the petitioners, of belonging to “Mannervarlu” Scheduled Tribe. 3. The learned counsel for the petitioners, by inviting our attention to the genealogy, submits that Shweta D/o Shankar Warkad is real sister of the petitioner No.1. Her tribe claim was invalidated, therefore, she had approached this Court by filing Writ Petition No.7475 of 2018 and this Court, after considering the selfsame record, granted conditional validity by an order dated 23.07.2018. He therefore, submits that, the petitioners also deserve to be granted conditional validity. 4. The learned A.G.P. does not dispute the fact regarding granting of validity certificate by this Court to the real sister of the petitioner No.1 nor he has disputed the relationship of the petitioners with the said validity holder namely Shweta (supra). 5. In that view of the matter, we find, since this Court has granted a conditional validity to the blood relative of the petitioners, we are (3) 975 W. P. 2513-2026.odt inclined to grant conditional validity to the petitioners. We, therefore, pass the following order. O R D E R I. The Writ Petition is partly allowed. II. The impugned order dated 19.12.2025 passed by respondent/ Scrutiny Committee is hereby set aside. III. The respondent/Scrutiny Committee is directed to issue validity certificates to the petitioners of belonging to “Mannervarlu” Scheduled Tribe, which shall be subject to outcome of the proceedings for cancellation of validity issued in favour of their blood relatives. IV. The petitioners shall not claim any equities. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/