NAGNATH HANMANT BALWANTRAOversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-KOL:8669-DB

                                                                      28-WP-11732-2025(C).doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 11732 OF 2025

               Nagnath Hanmant Balwantrao                                ...Petitioner
                         Versus
               The State of Maharashtra and Others                       ...Respondents

                                              ——————
               Mr. Satish Raut (Through V.C.) a/w Ms. Prajakta Kamble, Mr. Ashitosh
               Jambilkar, for the Petitioner.
               Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
                                             ——————

                                                CORAM :        SHARMILA U. DESHMUKH &
                                                               NEERAJ P. DHOTE, JJ.

                                                DATE       :   SEPTEMBER 08, 2026.

               P. C. :

               1.        By the present Petition, the Petitioner impugns the Judgment and

               Order dated 23rd June, 2022, passed by the Respondent No.2 –

               Committee, invalidating the caste certificate of the Petitioner as

               belonging to the Koli Mahadev Scheduled Tribe.

               2.        The learned Counsel appearing for the Petitioner would point out

               that the oldest document produced at Serial No. 6 of Paragraph 4B of

               the impugned order is in respect of his paternal aunt, reflecting the

               birth entry dated 24th March, 1934 as “Mahadev Koli”. He would further

               point out the document annexed at page 46 of the present Petition, as


               Jamadar-SL                         1 of 3
                                                    28-WP-11732-2025(C).doc


also the inquiry report at page 62, certifying the genuineness of the

entry in respect of the paternal aunt. He has taken this Court through

the findings in the impugned order to contend that there is no

consideration by the Caste Scrutiny Committee in respect of the said

entry and that, entries of the other blood relatives have been rejected

by the Committee on the ground that there appears to be interpolation.

3.     The learned AGP would point out Paragraph 6 of the impugned

order, where the Committee has noted that the caste validity

certificates granted to some of the blood relatives of the Petitioner

have been invalidated. He submits that those Petitions are still pending

and, therefore, the Committee has rightly rejected the validity of the

Petitioner as belonging to Koli Mahadev Scheduled Tribe.

4.     There is no dispute about the fact that the Petitioner had placed

for consideration the register of birth reflecting the birth entry of his

paternal aunt, Shakubai of the year 1934 showing caste as Mahadev

Koli, which entry was also found to be genuine in the inquiry report. The

impugned order does not indicate any consideration of the said

document.

5.     Though the learned Counsel appearing for the Petitioner would

seek this Court to consider the issue of validity, we are not inclined to

do so, particularly when Paragraph 6 of the impugned order makes a

reference to some of the caste validity certificates having been


Jamadar-SL                      2 of 3
                                                     28-WP-11732-2025(C).doc


invalidated by the Committee in respect of the Petitioner's blood

relatives. As there is no consideration of the document of paternal aunt,

we are inclined to remit the application to the file of the Caste Scrutiny

Committee to be decided afresh by taking into consideration the

document at Serial No. 6 of Paragraph 4B of impugned order in respect

of the Petitioner's paternal aunt, reflecting the entry of “Mahadev Koli”.

6.     In light of the above, the impugned order dated 23 rd June, 2023 is

hereby quashed and set aside.

7.     The application is remitted to the file of the Caste Scrutiny

Committee to be decided afresh by considering the document of the

paternal aunt.

8.     As the Petitioner's pension has been withheld, the Caste Scrutiny

Committee is directed to decide the validity expeditiously and, in any

event, within a period of four weeks from today.

9.     The Petition is allowed in the above terms.



 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




Jamadar-SL                       3 of 3