Bombay High Court

AMOL RAMLAL BAGULversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The order dismissing the petitioner’s tribe claim for non‑prosecution is quashed and set aside, and the petition is allowed.

Summary

Amol Ramlal Bagul filed a writ petition challenging the Scrutiny Committee's order dated 12.12.2025 that dismissed his claim of belonging to the ‘Thakur’ Scheduled Tribe on the ground of non‑prosecution. The petitioner alleged that he never received the show‑cause notices issued by the Committee and therefore could not pursue the claim. The State, represented by the Attorney General, contended that multiple notices were served and the petitioner’s failure to appear justified the dismissal. The High Court, after hearing both sides, noted that despite the notices, the petitioner was not diligent, but in the interest of justice allowed him to pursue the claim. Consequently, the Court quashed the impugned order, restored the petitioner's tribe claim, and directed him to appear before the Committee on 09.02.2026.

Issues considered

What is the validity of dismissing a tribe claim for non‑prosecution when the petitioner alleges non‑receipt of show‑cause notices?
Whether the petitioner is entitled to relief and restoration of his tribe claim despite alleged procedural lapses?

Subjects

Scheduled Tribe
tribe claim
non‑prosecution
show‑cause notice
writ petition
quash order
High Court

Judgment

2026:BHC-AUG:3469-DB
                                                  1                       979.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                       979 WRIT PETITION NO. 15702 OF 2025
                              AMOL RAMLAL BAGUL
                                   VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
                  Advocate for the Petitioner : Mr.Wagh Mukulanand R.
                   AGP/APP for Respondent/State : Mr. S.P. Sonpawale
                    Advocate for Respondent No.3 : Mr. N.T. Bhagat
                                            …
                                         CORAM        :   SANDIPKUMAR C. MORE AND
                                                          ABASAHEB D. SHINDE, JJ.
                                           DATE       : 23.01.2026

             FINAL ORDER : ( PER : ABASAHEB D. SHINDE, J.)
             .      Heard.


             2.     By this Writ Petition, the petitioner is taking an exception to the
             order dated 12.12.2025 passed by the respondent No.2/Scrutiny
             Committee by which the proposal seeking verification of his tribe claim
             of belonging to ‘Thakur’ Scheduled Tribe has been dismissed for non-
             prosecution.


             3.     Learned counsel for the petitioner submits that due to some
             unavoidable circumstances, the petitioner could not keep track of the
             proceedings nor the petitioner at any point of time received the show-
             cause notices issued by the respondent/Scrutiny Committee. The
             Scrutiny Committee has observed that despite several show-cause
             notices issued to the petitioner, he remained absent and thus, the
                                        2                           979.doc



petitioner is not interested to pursue the tribe claim. He submits that
the impugned order is erroneous and therefore, the same is liable to be
quashed and set-aside.


4.    Per contra, the learned AGP submits that the order itself depicts
that the respondent/Scrutiny Committee has issued several show-cause
notices to the petitioner. However, the petitioner was not diligent in
pursuing        his   tribe   claim.    He     therefore,   urged     that    the
respondent/Scrutiny Committee has rightly passed the impugned order
thereby dismissing the tribe claim of the petitioner for non-prosecution.

5.    After hearing learned counsel for the petitioner and the learned
AGP, we find that the impugned order depicts that several show-cause
notices were issued to the petitioner and still the petitioner did not
bother to pursue his tribe claim. Be that as it may, since the matter
pertains to social status of the petitioner, we find it expedient in the
interest of justice to permit the petitioner to pursue his tribe claim on
merits.

6.    In that view of the matter, we are inclined to allow this Writ
Petition. Hence, we pass following order :


                                       ORDER
          i)    The Writ Petition is allowed.

          ii)   The impugned order dated 12.12.2025 passed by
          the respondent/Scrutiny Committee thereby rejecting
          the tribe claim of the petitioner for non-prosecution is
                                     3                       979.doc



        hereby quashed and set-aside.

        iii) The tribe claim of the petitioner shall stand
        restored to its original position.

        iv) We direct the petitioner to appear before the
        respondent/Scrutiny Committee on 09.02.2026 and
        shall extend full-cooperation in expeditious decision of
        his tribe claim.




( ABASAHEB D. SHINDE, J. )                   ( SANDIPKUMAR C. MORE, J. )



vsj..

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