Bombay High Court
ROSHAN PRABHAKAR MUTYEPODversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS
- Disposal
- DISPOSED OFF
Holding
The Court quashed the impugned order invalidating the petitioner's tribe claim and remanded the matter back to the Scrutiny Committee for a fresh determination.
Summary
The petitioner, Roshan Prabhakar Mutyepod, challenged a 10 July 2018 order of the Scrutiny Committee that invalidated his claim of belonging to the Mannervarlu Scheduled Tribe. Although the petition was filed after a considerable delay, the Court required the petitioner to deposit Rs.1,00,000 to demonstrate bona fides and proceeded to hear the matter. The Court noted that a prior order dated 15 April 2019 had remanded a similar claim of the petitioner's brother back to the Scrutiny Committee, establishing a precedent for remand. Relying on that earlier order, the Court set aside the impugned 2018 order and remanded the case to the Scrutiny Committee for a fresh determination. The deposited amount was directed to be split equally between two charitable foundations, and the writ petition was disposed of by remand.
Issues considered
- Whether the 10 July 2018 order of the Scrutiny Committee invalidating the petitioner's Scheduled Tribe claim can be set aside despite the petitioner's delay and laches.
- Whether the Court can entertain a writ petition filed after a long delay on the ground of bona fides.
- Whether the matter should be remanded to the Scrutiny Committee for a fresh order in line with the earlier remand order of 15 April 2019.
Subjects
- Scheduled Tribe
- tribe claim
- writ petition
- remand
- delay
- laches
- Maharashtra
- social status
Judgment
2026:BHC-AUG:16301-DB
927-wp-3451-2026
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
927 WRIT PETITION NO. 3451 OF 2026
Roshan Prabhakar Mutyepod
VERSUS
The State Of Maharashtra Through Its Secretary And Ors
...
Mr. Sunil M. Vibhute, Advocate for the Petitioner
Mr. G. A. Kulkarni, AGP for Respondents/State
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
DATED : 10TH APRIL 2026
PER COURT (Abasaheb D. Shinde J.) :-
1. Heard the learned Counsel for the petitioner and learned AGP
for Respondent/State.
2. By this Writ Petition, the petitioner has challenged the order
dated 10.07.2018 passed by Respondent No.2/Scrutiny Committee
invalidating the tribe claim of the petitioner of belonging to
‘Mannervarlu’, Scheduled Tribe.
3. We could have dismissed the Writ Petition on the ground of
delay and laches, however in order to show bona fide of filing this
petition belatedly, we had directed the petitioner to deposit
Rs.1,00,000/- for entertaining this petition and petitioner accordingly
has deposited the said amount as directed by this Court. We are
therefore inclined to entertain this petition solely on the ground that
Narwade
927-wp-3451-2026
-2-
the matter pertains to social status of the petitioner.
4. We find that the tribe claim of the petitioner and his brother
was decided by the impugned common order. As far as the matter of
petitioner’s brother is concerned, he had approached this Court by
filing Writ Petition No.10759 of 2018 and this Court by an order
dated 15.04.2019 had remanded the matter back to Respondent
No.2/Scrutiny Committee. After remand Respondent No.2/Scrutiny
Committee by its order dated 11.08.2024 invalidated the tribe claim
of the petitioner’s brother. It is informed across the bar that the
petitioner’s brother has already approached this Court by filing Writ
Petition No.300 of 2025.
5. Be that as it may. Since the impugned order itself was set aside
by this Court by order dated 15.04.2019 by remanding the matter
back, the learned Counsel for the petitioner seeks remand of the
matter so as to solicit similar order from Respondent No.2/Scrutiny
Committee.
6. We have heard the learned AGP for the Respondent Authorities.
He fairly concedes for remand of the matter in the light of earlier
order dated 15.04.2019 passed by this Court in Writ Petition
No.10759 of 2018. We are therefore inclined to entertain this Writ
Petition though it suffers from delay and laches and set aside the
Narwade
927-wp-3451-2026
-3-
impugned order dated 10.07.2018 passed by Respondent
No.2/Scrutiny Committee and remand the matter back for passing a
formal order of invalidation unlike petitioner’s brother.
7. The writ petition thus stands disposed of by remanding the
matter back to Respondent No.2/Scrutiny Committee. Hence the
following order :-
:: O R D E R ::
i. Writ Petition is partly allowed.
ii. The impugned order dated 10.07.2018 passed by Respondent
No.2-Scrutiny Committee thereby invalidating the tribe claim of the
petitioner of belonging to ‘Mannervarlu’, Scheduled Tribe is hereby
quashed and set aside.
iii. The matter is remanded back to Respondent No.2-Scrutiny
Committee so as to pass the order as aforesaid.
iv. The Registry is directed to pay the amount deposited by the
petitioner, i.e. Rs.1,00,000/-, by paying 50% of the amount, i.e.
50,000/- in the Bank Account of ‘Anamprem’ Anamprem Mandir,
Gandhi Maidan, Behind Snehalaya Bhavan, Ahmednagar (Mobile
No.942220123), to be used for the welfare of specially-abled children,
and the remaining 50% amount, i.e. Rs.50,000/- to ‘Deepstambh
Foundation’, details of which are as under :-
Narwade
927-wp-3451-2026
-4-
Name : Deepstambh Foundation
Bank Name : ICICI Bank
A/c. No. : 037501008110 (Savings)
IFSC Code : ICIC0000375
Contact No. : 8459558844 (Mr. Anup Chaudhari)
v. With these directions writ petition stands disposed of.
[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]
Narwade
Checking your session…