SANJAY S/O SHANKARRAO PAWARversusSTATE OF MAHARASHTRA AND OTHERS

                                                                WP-9616-2007.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 9616 OF 2007
Sanjay s/o Shankarrao Pawar                          ]
Aged about 30 years, Occupation : Service,           ]
Resident at Satefal, Taluka Ner, District : Yavatmal ].....Petitioner

             Versus

1.        State of Maharashtra                     ]
          through its Secretary                    ]
          Department of Tribal      Development,   ]
          Mantralay, Mumbai.                       ]
                                                   ]
2.   The Committee for Scrutiny and Verification ]
     of Tribal Claims Amraoti,                     ]
     through its Chairman.                         ]
                                                   ]
3.   The Tahsildar, Tahsil Officer                 ]
     Taluka : Ner, District : Yavatmal.            ]
                                                   ]
4.   Block Development Officer Panchayat Samiti ]
     Taluka : Ner, District : Yavatmal.            ]
                                                   ]
5.   Collector Yavatmal                            ]
     District : Yavatmal.                          ].....Respondents
                                  .....
Mr. Anup Gilda (through V.C.), for the Petitioner.

Ms. V. S. Nimalkar, A.G.P., for the Respondent-State.
                                   ..…

                                   CORAM           : M. S. KARNIK &
                                                     SANDESH D.PATIL, JJ.
                                   RESERVED ON     : 10th SEPTEMBER 2026
                                   PRONOUNCED ON : 24th SEPTEMBER 2026



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             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.24
             18:14:34 +0530
                                                             WP-9616-2007.doc




JUDGMENT [PER : SANDESH D. PATIL, J.]

1.        Rule. Rule made returnable forthwith and with the consent of

the parties matter is taken up for final hearing.


2.        By the present Writ Petition, the Petitioner is challenging the

Order dated 30th September, 2004 passed by the Respondent No. 2

thereby refusing to grant Validity Certificate to the Petitioner.


3.        The Case of the Petitioner is that the Petitioner belongs to the

Thakur Scheduled Tribe within the meaning of entry 44 of Part IX of

the Constitutional (Scheduled Tribe) Order 1950. The Petitioner was

issued the Caste Certificate as Thakur Scheduled Tribe vide a Order

dated 12th January, 1995 issued by the Executive Magistrate, Akola.

On 30th September, 2004, the Respondent No.2 passed an Order

invalidating the Petitioner’s Caste claim belonging to ‘Thakur’

Scheduled Tribe. Being aggrieved and dissatisfied with that order

passed by the Committee, the Petitioner had preferred a writ petition

bearing No. 4875 of 2004 before the High Court of Judicature at

Bombay, Nagpur Bench which was dismissed. Being aggrieved and

dissatisfied with the same, the Petitioner had preferred an Special


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Leave Petition No.632 of 2019 before the Hon’ble Supreme Court.

The Hon’ble Supreme Court vide Judgment and Order dated 12 th

December, 2025 quashed and set aside the Judgment and Orders

passed by the       High Court, Bench at Nagpur and remanded the

matter back to this Court. This is how the matter is placed before us.


4.        The learned Counsel appearing for the Petitioner, after the

remand, has filed an additional affidavit stating that the close blood

relative of the Petitioner, namely the cousin brother of the Petitioner,

Mr. Sunil Awadhoot Pawar, was granted the validity Certificate

pursuant to the Judgment passed by the High Court, Bench at

Nagpur in Writ Petition No.3729 of 2020 dated 30 th June, 2025. He

further submitted that the said Mr. Sunil Awadhoot Pawar is a close

blood relative of the Petitioner therefore, the Petitioner should also

be granted the Caste Validity Certificate. He relied upon the family

tree which was duly verified by the Police Inspector, Vigilance Cell at

Amravati.


5.        Learned A.G.P. for the Respondent-State opposed the Petition.

Learned A.G.P. pointed out that although the family tree was duly

verified, the Caste Scrutiny Committee had rightly rejected the claim


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for Caste Validity Certificate for valid reasons and therefore there is

no reason why this Court should interfere in the same. Learned A.G.P.

prayed for dismissal of the Petition.


6.        We have considered the pleadings, document on record and the

arguments of the parties. We have also perused the additional

affidavit filed by the Petitioner in this Court.


7.        The Petitioner's main contention is that his cousin brother, Mr.

Sunil Awadhoot Pawar, who is a close blood relative of the Petitioner,

was granted a Caste Validity Certificate belonging to Thakur

Scheduled Tribe vide Order dated 30th July, 2025 by the High Court,

Bench at Nagpur. The Nagpur Bench considered that the daughter of

Mr. Sunil Awadhoot Pawar, namely Vedika and his niece, namely

Pallavi was granted Caste Validity Certificate in Writ Petition No.622

of 2023 by Order dated 10th April, 2023.

8.        This Court, in Writ Petition No.3729 of 2020, after relying

upon the Judgment in the matter of Apoorva d/o Vinay Nichale Vs.

Divisional Caste Certificate Scrutiny Committee No.1 and Ors. 1, has

granted the Caste Validity Certificate to the real cousin-brother of the

Petitioner, namely Mr. Sunil Awadhoot Pawar.
1    2010 (6) MHLJ 401 : (2010) SCC OnLine BOM 1053


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9.        The aforesaid facts are not disputed. The Order passed by this

Court in Writ Petition No. 3729 of 2020 has attained finality. The

Caste Scrutiny Committee has thereafter granted the Caste Validity

Certificate to Mr. Sunil Awadhoot Pawar on 11th September 2025.

The Caste Validity Certificate of the cousin brother of the Petitioner,

namely Mr. Sunil Awadhoot Pawar is on record.

10.       In these premises, we are bound by the Judgment in the matter

of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate

Scrutiny Committee No.1 and Ors. (supra) since the Caste Validity

Certificate is granted to Mr. Sunil Awadhoot Pawar who happens to

be the close blood relative of the Petitioner. Hence, the following

Order:

                                       ORDER

          (i)    Writ Petition No.9616 of 2007 is allowed.

          (ii)   The impugned Order dated 30th September, 2004 passed

          by the Respondent No.2 is quashed and set aside.


          (iii) The Respondent No.2 is directed to issue Certificate of

          Validity to Petitioner-Sanjay s/o Shankarrao Pawar as belonging

          to Thakur Scheduled Tribe within a period of four weeks from

          today.

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11.       Rule is made absolute in the aforesaid terms.


12.       There shall be no order as to costs.


13.       In view of above, Writ Petition No.9616 of 2007 stands

disposed of.




(SANDESH D. PATIL, J.)                               (M. S. KARNIK, J.)




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