Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 6327 (BOM)

MAHADEV CHANDRAM SHIVPURE v. THE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

WP/10660/2026 · 2026-08-27

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

*1* 33-wp-106600-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 33 WRIT PETITION NO. 10660 OF 2026 Mahadev Chandram Shivpure VERSUS The State Of Maharashtra Through The Secretary And Others … Mr. Prashant D. Suryawanshi, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State Mr. B. B. Bhise, Advocate for Respondent Nos.3 to 5 ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 27th AUGUST 2026 P. C. (Per Abasaheb D. Shinde J.) :- 1. Heard. By this writ petition, the petitioner has put forth the following prayers :- “A. The writ petition may please be allowed. B. By issuing Writ of mandamus or any other appropriate writ or direction in the like nature, be please to direct the respondent No.3 release all the retirement benefits of the present petitioner including her Gratuity and Pension amount which are withheld on the ground of non submission of the Tribe Validity Certificate.” 2. Learned Counsel for the petitioner has invited our attention to the orders passed by this Court in Writ Petition No. 12274 of 2024 on 28.11.2024 in the case of Shankar Shamanna Tangdelu vs. The State of Maharashtra and others, in Writ Petition No.13639 of 2025 dated 17.12.2025 in the case of Ashok Kishanrao Ardade vs. The State of Maharashtra and Narwade 2026:BHC-AUG:38747-DB *2* 33-wp-106600-2026 others and in Writ Petition No. 1636 of 2026 in the case of Harishchandra Ganpati Koli Vs. The State of Maharashtra through its Secretary and Others, wherein this Court has dealt with identical issue involved in this writ petition. 3. Considering these orders and the relief sought in the writ petition, we find that this petition can also be disposed of in the light of the orders passed by this Court (supra). In that view of the matter, we pass the following order :- :: ORDER :: i. The petitioner shall file an affidavit before the Scrutiny Committee stating that the petitioner does not wish to press his proposal for issuance of validity certificate of belonging to ‘Mahadev Koli’, Scheduled Tribe and the Committee shall permit the petitioner not to press the proposal within two weeks thereafter. ii. On such compliance being made, the respondent no.3- Zilla Parishad shall process the petitioner’s pension papers and extend all the pensionary benefits, as expeditiously as possible and preferably within a period of eight (8) weeks from today. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade