Bombay High Court

HARIDAS BAJIRAO SONAWANEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition was disposed without ordering the registration of the appeal or staying any action against the petitioner.

Summary

Petitioner Haridas Bajirao Sonawane filed a writ petition seeking a direction to the Divisional Commissioner to register his appeal against the order that invalidated his tribe claim. The petitioner relied on a newly inserted Section 6B, which provides a 90‑day protection period after a claim is invalidated and an additional 30‑day period after the appeal is decided, arguing that no adverse action should be taken during this time. The respondent State, through its Advocate General, indicated that the Commissioner is now registering appeals. The Court considered whether the petitioner's request for protection under Section 6B warranted a stay of action against him. Finding no merit to intervene, the Court disposed of the writ petition without granting the relief sought.

Issues considered

Whether the Divisional Commissioner is obliged to register the petitioner's appeal against the invalidation of his tribe claim.
Whether Section 6B provides a mandatory protection period that bars any action against the petitioner during the pendency of the appeal and for 30 days thereafter.

Subjects

tribe claim
appeal registration
Section 6B
writ petition
protective period

Judgment

                                   (1)                    1-WP-12574-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                   1 WRIT PETITION NO. 12574 OF 2026

                          Haridas Bajirao Sonawane
                                  VERSUS
            The State Of Maharashtra Thr Secretary And Others
                                      ...
Mr. D. D. Choudhari And Mr. R. B. More, Advocate for the Petitioner.
Mr. P. S. Patil, AGP for Respondent-State..

                                 CORAM : KISHORE C. SANT &
                                            JITENDRA JAIN, JJ.

                                 DATE     : 22nd SEPTEMBER 2026.

PC :-

1.      Prayer in this petition is only to direct respondent no. 3 i.e.

Divisional Commissioner, Chhatrapati Sambhajinagar to register the

appeal of the petitioner challenging the order of the invalidation of his

tribe claim.

2.      Learned AGP submits that now the Commissioner is registering the

appeals.

3.      The only grievance of the petitioner is that by way of impugned

order, the Committee has directed the authorities to take appropriate

action against the petitioner.
                                           (2)                     1-WP-12574-2026




4.           Learned advocate for the petitioner invites attention to section 6B,

which is inserted 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 petitioner solely

on the ground of invalidation of his tribe claim for a period of pendency

the appeal 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 petitioner also will not take any benefit of

persons belonging to scheduled tribe till the proceedings attain finality.

7.           With these, the writ petition stands disposed of.



     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

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