Shubhangi Samadhan Sonune Vs the State of Maharashtra and Another

By all these writ petitions petitioners challenge the common order dated 29/11/2019, passed by the respondent Committee thereby invalidating their tribe claim as belonging to ‘Koli Malhar’ scheduled tribe. Since the petitioners are blood relatives, their cases were considered and common order was passed by the Committee.

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Learned advocate for petitioners has relied upon the orders dated 09/09/2024 and 23/08/2024 passed by this Court in Writ Petition Nos.10003/2023 and 8635/2024 respectively, thereby issuing conditional validity to Bibishan Shrirang Sonune, whose name appears at Sr. No.14 in the impugned order and Vinay Dnyaneshwar Sonune whose father’s name appears in the genealogy submitted by the petitioners.

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Learned AGP has vehemently opposed the petitions contending that the Committee has considered the fact that the word ‘Malhar’ has been added subsequently in the school record of blood relatives of the petitioners and earlier their caste was only described as ‘Koli’. He further submits that fraud is committed by the validity holder blood relatives of the petitioners while obtaining validity certificate. Therefore, the petitioners are not entitled to rely on the said certificates. He further submits that the earlier claims of blood relatives of the petitioners are rejected by the Committee and said orders are confirmed by this Court in the case of Subhash Shravan Sonune (Writ Petition No.3389/2005), Kiran Sitaram Sonune (Writ Petition No.8267/2005) and Ratan Govinda Sonune (Writ Petition No.8269/2005), which is considered by the Committee while rejecting the petitioners’ claims. He, therefore, submits that no case is made out by the petitioners to allow their writ petitions.

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While passing the order in Bibishan Shrirang Sonune’s

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case Coordinate Bench of this Court has considered the said arguments advanced by the learned AGP and observed thus;

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“3. Having heard both the sides and having perused the impugned order as also original files, irrespective of the stand of the present committee regarding existence of few contrary entries and few manipulated entries wherein the petitioner’s blood relatives were described as Koli and in some of those entries word Malhar has been added subsequently, we need not conduct objective scrutiny of the inference in that respect drawn by the Committee, as the Committee will have to undertake due process of law if at all it is of such a strong view about the validity holders having concealed / manipulated the record while obtaining certificates of validities. The validity holders are not before us and any observation made in that respect would have a bearing on the matters to be reopened by the Committee.

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4. The fact remains that, as mentioned by the Committee there are several validities in the family. Vinay Dnyaneshwar Sonune who is admittedly related to the petitioner by blood was held entitled to have certificate of validity by this Court in Writ Petition No.8635 of 2024 vide order dated 23 August 2024. If such is the state of affairs, the petitioner is entitled to have a certificate of validity irrespective of the allegations regarding fraud attributable to the initial person, who had suffered invalidation Mr. Subhash Shravan Sonune, but was able to obtain a fresh certificate and got it validated.”

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Similar objection was raised by learned AGP in Vinay Dnyaneshwar Sonune’s case, which is also negatived by a reasoned order passed by the Coordinate Bench. In any case the common order impugned herein was challenged by Bibishan Shrirang Sonune and this Court has directed to issue conditional validity certificate to

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him. The view of the Coordinate Bench is binding on us and on the ground of parity the petitioners are also entitled for the same relief.

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For the reasons stated in the orders dated 09/09/2024 and 23/08/2024 passed by this Court in Writ Petition Nos.10003/2023 and 8635/2024 respectively, the writ petitions are partly allowed. The impugned order dated 29/11/2019 passed by the Committee is quashed and set aside. The Committee shall issue validity certificates to the petitioners of ‘Koli Malhar’ scheduled tribe immediately in prescribed proforma. It shall be co-terminus with the validities in the family, which the Committee has decided to reopen. Petitioners shall not be entitled to claim equities.

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Accordingly, the pending civil application also stands disposed of.

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(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)

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Shubhangi Samadhan Sonune v. the State of Maharashtra and Another

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Shubhangi Samadhan Sonune v. the State of Maharashtra and Another

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