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Bombay High Court

KIRAN VASANTRAO TUREversusDIVISIONAL COMMISSIONER CHH SAMBHAJIANAGAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the writ petition is dismissed and no order directing the registration of the appeal or interim protection is granted.

Summary

The petitioner, Kiran Vasantrao Ture, filed a writ petition seeking an order directing the Divisional Commissioner to register and decide his appeal against a committee order that invalidated his claim of belonging to the Koli Mahadev Scheduled Tribe. The petition relied on the newly enacted Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2026, particularly Section 6B(6)(ख) which designates the Divisional Commissioner as the appellate authority, and Sections 10(5)(a) and 10(5)(b) which provide protection to a person in service for 90 days. The petitioner argued that, pending the appellate decision, no adverse action should be taken against him. The Court examined the statutory scheme and noted that the Act indeed creates an appeal mechanism but found no merit in granting the interim relief sought. Consequently, the Court disposed of the writ petition without ordering the registration of the appeal or granting protection to the petitioner.

Issues considered

  • Whether the Divisional Commissioner, as appointed under Section 6B of the 2026 Act, is obligated to register and decide the petitioner's appeal against the committee's order.
  • Whether Sections 10(5)(a) and 10(5)(b) of the Act provide interim protection to the petitioner pending the appellate decision.

Legislation cited

  • Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2026 — s. 10(5)(a), 10(5)(b), 6B(6)(ख)

Subjects

  • Scheduled Tribe
  • Caste Certificate
  • Appellate Authority
  • Interim Protection
  • Writ Petition

Judgment

2026:BHC-AUG:46356-DB

                                                                          904 WP NO. 13335 OF 2026


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                    WRIT PETITION NO. 13335 OF 2026

                                              Kiran Vasantrao Ture
                                                    VERSUS
                           Divisional Commissioner Chh Sambhajianagar And Others
                                                       …
                       •   Mr. Gite Umesh Babanrao, Advocate for the Petitioner
                       •   Mr. P. K. Lakhotiya, AGP for Respondents - State
                                                       …
                                                     CORAM : KISHORE C. SANT &
                                                               JITENDRA JAIN, JJ.
                                                   DATE     : 30th SEPTEMBER, 2026
                PER COURT :

                1.            Head Mr. Gite, the learned Advocate for the petitioner

                and Mr. Lakhotiya, the learned AGP for Respondent/State.

                2.            The prayer in this petition is to direct the Respondent

                No.1/Divisional Commissioner to register and decide the Appeal

                proceedings of the petitioner, wherein challenge is sought to be

                raised to the impugned order dated 20/08/2026 passed by

                Respondent No.2/Committee invalidating the tribe claim of the

                petitioner as belonging to “Koli Mahadev”, Scheduled Tribe.

                3.            It is specifically brought to the notice of this Court that

                now, in view of Section 6B i.e. (6)(ख) of the Maharashtra

                Scheduled Castes, Scheduled Tribes, De-notified Tribes ( Vimukta

                Jatis), Nomadic Tribes, Other Backward Classes and Special


                Jhs/                                                                         1/2
                                                      904 WP NO. 13335 OF 2026


Backward Category (Regulation of Issuance and Verification of)

Caste Certificate, Act, 2026 (Mah.XXXVIII of 2026) (hereinafter

referred to as “the said Act”), a remedy of appeal is provided. By

way of notification dated 10/08/2026 now the Divisional

Commissioner of the respective area is appointed as an

Appellate Authority under the said Act.

4.         Learned Advocate Mr. Gite submits that though by way

of adding sub-Section (5)(a) and (5)(b) to Section 10,

protection is granted to a person who is in service for a period of

90 days.

5.         The respondent No.1/Appellate Authority to register an

Appeal and decide the same as early as possible. Till such time,

in terms of Section 10(5)(a) and 10(5)(b), no adverse action be

taken against the petitioner.

6.         With these, writ petition stands disposed off.




 [JITENDRA JAIN, J.]                         [KISHORE C. SANT, J.]




Jhs/                                                                     2/2


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