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Bombay High Court

ANKUSH GANGADHAR MADALWARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court held that the matter must be remanded to the ST Certificate Verification Committee for a fresh decision due to the non‑consideration of material evidence.

Summary

Anand Madalwar filed a writ petition challenging the cancellation of his Scheduled Tribe (ST) status by the ST Certificate Verification Committee. He claimed that he belongs to the Koli Mahadev tribe and that the Committee failed to consider crucial genealogical evidence linking his grandfather to the petitioner’s family. The State of Maharashtra opposed, citing a statement by Nagorao Madalwar that he had no siblings, thereby contesting the petitioner’s claim of a brother‑grandfather relationship. The Court observed that material submitted by the petitioner, including revenue records showing Nagorao and Saibu Rachana as brothers, was not examined by the Committee. Consequently, the Court found a prima facie case warranting a fresh determination and ordered the matter to be remanded to the Committee for a new enquiry within four months. The petition was thereafter disposed.

Issues considered

  • Whether the petitioner is a member of the Koli Mahadev Scheduled Tribe for purposes of the ST certificate.
  • Whether the ST Certificate Verification Committee erred in not considering the genealogical and revenue records presented by the petitioner.
  • Whether the petition should be remanded for a fresh decision by the Committee.

Subjects

  • Scheduled Tribe
  • ST certificate
  • genealogical evidence
  • remand
  • tribal status
  • Maharashtra
  • writ petition

Judgment

2026:BHC-AUG:37114-DB




                                                      (1)                     37-WP-9859-2025


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                   37 WRIT PETITION NO. 9859 OF 2025

                                      Ankush Gangadhar Madalwar
                                               VERSUS
                     The State Of Maharashtra Through Its Secretary And Another
                                                …..
           Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner.
           Mr. P. S. Patil, AGP for State.
                                                 …..

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


                                                   DATE       : 17th AUGUST 2026.

           PC :-

           1.        Heard learned counsel for the parties for some time.

           2.        By consent, the petition is taken up for final disposal.

           3.        The petitioners claim that their claim of belongs to the Koli Mahadev

           Scheduled Tribe has been invalidated by the Scheduled Tribe Certificate

           Verification Committee – Respondent No.2.

           4.        It is the case of the petitioner that there is already a validity in favour of

           his near relative, namely, Dnyaneshwar Madalwar. However, because of the

           family dispute, he has refused to give an affidavit in favour of the petitioner as
           Kiran Kawre
                                        (2)                  37-WP-9859-2025


required. He submits that one Rachubai Madalwar also appears to be his

cousin, who appears to be the daughter of Nagorao, i.e. the father of

Dnyaneshwar Madalwar. The revenue record shows that Nagorao and the

grandfather of the petitioner, namely, Hanmant Madalwar, are real brothers.

However, these material aspects have not been considered. He accepts that,

while submitting the genealogy, a proper genealogical tree was not given.

5.        Learned advocate for the petitioner, Mr. Vibhute, further submits that

the said material filed by the petitioner was also not properly considered.

6.        Learned AGP Mr. Patil vehemently opposes the petition. He submits that

the father of Dnyaneshwar, namely, Nagorao, has specifically given a

statement to the Vigilance Committee, in the case of Dnyaneshwar, that he has

no brother or sister and that he was the only child. He thus submits that there

is no question of Nagorao Madalwar having any brother who is stated to be

grandfather of the petitioner. Learned counsel, Mr. Vibhute has shows some

revenue record wherein the name of Nagorao Madalwar and Saibu Rachana

are shown as real brothers and that material ought to have been considered.

7.        This Court find that, prima facie, there is some material to show that

the petitioner has placed on record material which was not properly


Kiran Kawre
                                         (3)                37-WP-9859-2025


considered. There is no reference even to the say filed by the petitioner in the

judgment of the Committee. On these points, we find that a case is made out

to remand the matter back to the Committee for a fresh decision.

8.        The committee, if necessary, may again direct the Vigilance Committee

to conduct an enquiry and specifically make an enquiry about the relationship

between Nagorao and the grandfather of the petitioner and pass a fresh order.

9.        This exercise be done within a period of four months from today. With

this, the petition stands disposed of.



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




Kiran Kawre


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