Bombay High Court
MUKUNDA BALU PADALEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court disposed of the writ petitions without granting the relief sought, noting that the appeals were already being registered.
Summary
Petitioners Aarti Namdeo Gawali, Mukunda Balu Padale and Rahul Shaligram Ingle filed writ petitions seeking a direction to the Divisional Commissioner, Chhatrapati Sambhajinagar, to register appeals against orders that invalidated their tribe claims. The State, through its AGP, informed the Court that the Commissioner is now registering the appeals. The petitioners relied on Section 6(b), which provides a protection period of 90 days after a claim is invalidated and an additional 30 days after the appeal is decided, and asked that no adverse action be taken against them during this period. The Court noted the submissions, observed that the Commissioner was already processing the appeals, and declined to issue any further direction. Consequently, the writ petitions were disposed of without granting the relief sought.
Issues considered
- Whether the petitioners are entitled to protection under Section 6(b) after the invalidation of their tribe claims
- Whether the High Court should direct the Divisional Commissioner to register the appeals and stay any action against the petitioners during the protection period
Subjects
- tribe claim invalidation
- Section 6(b) protection
- appeal registration
- writ petition
- scheduled tribe
- High Court of Bombay
Judgment
2026:BHC-AUG:40401-DB
1 WP / 11539 / 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 WRIT PETITION NO. 11539 OF 2026
AARTI NAMDEO GAWALI
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
906 WRIT PETITION NO. 11573 OF 2026
MUKUNDA BALU PADALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
908 WRIT PETITION NO. 11607 OF 2026
RAHUL SHALIGRAM INGLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Advocate for petitioners in all WPs :Mr. D.D. Choudhari & Mr. R.B. More
AGP for the respondent – State : Mr. R.S. Wani, Mr. S.R. Yadav Lonikar and
Mr. N.S. Tekale
...
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 2 SEPTEMBER 2026
PER COURT :
The prayer in these petitions is only to direct respondent
no. 3 i.e. Divisional Commissioner, Chhatrapati Sambhajinagar to
register the appeals of the petitioners challenging the orders of the
invalidation of their tribe claims.
2. Learned AGP submits that now the Commissioner is
registering the appeals.
2 WP / 11539 / 2026
3. The only grievance of the petitioners is that by way of
impugned orders, the Committee has directed the authorities to take
appropriate action against the petitioners.
4. Learned advocate for the petitioners invites attention to
section 6(b), which is insered in statute book giving protection of 90
days to a person whose claim is invalidated and also further 30 days
after the appeal is decided.
5. In view of above, no action be taken against the petitioners
solely on the ground of invalidation of their tribe claims for a period of
pendency the appeals and for 30 days thereafter. The Committee is
also to take note of the amended provision and shall put the note
accordingly.
6. It is made clear that the petitioners also will not take any
benefit of persons belonging to scheduled tribe till the proceedings
attain finality.
7. With this, the writ petitions are disposed of.
[ JITENDRA JAIN ] [ KISHORE C. SANT ]
JUDGE JUDGE
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