Allowed¶21

Mahendra Pitambar Thakur v. the State of Maharashtra and Others

Bombay HC15 Dec 2025WP/6553/2019

Case brief

AI extract

What is this about?

Thakur Scheduled Tribe; tribe validity certificate; parity with blood relations; real uncle and real brother validity holders; Scrutiny Committee order quashed and set aside; Article 226 Constitution of India; Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra, 2023 SCC OnLine SC 326; Bombay High Court Bench at Aurangabad; WRIT PETITION NO. 6553 OF 2019; Mahendra Pitambar Thakur v. State of Maharashtra.

What did the court decide?

Impugned order dated 20 May 2019 quashed and set aside; Respondent – Committee directed to issue validity certificate to the petitioner as belonging to 'Thakur, Scheduled Tribe' within four weeks from the date of uploading of the order. ¶21

Mahendra Pitambar Thakur Vs the State of Maharashtra… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a validity certificate as belonging to 'Thakur, Scheduled Tribe' notwithstanding the Committee's order invalidating his tribe claim, given that his blood relations (real uncle and real brother) have been granted validity certificates.

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Court's answer

In the light of the decision in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Maharashtra and others, 2023 SCC OnLine SC 326, when the blood relations of the petitioner are granted validity, the petitioner is also entitled for validity on the ground of parity.

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Ratio / Principle

The writ petition is allowed; the impugned order is quashed and set aside, and the Respondent – Committee is directed to issue a validity certificate to the petitioner as belonging to 'Thakur, Scheduled Tribe' within four weeks from the date of uploading of the order.

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Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench) allowed a writ petition under Article 226 of the Constitution of India filed by Mahendra Pitambar Thakur challenging the order dated 20 May 2019 of Respondent No.2 – Committee invalidating his tribe claim as belonging to 'Thakur, Scheduled Tribe'. Noting that the petitioner's real uncle Bhimsing Jamsing Thakur held a validity certificate pursuant to this Court's order dated 13 September 2004 in Writ Petition No.87/1998, and that his real brother Rajendra Pitambar Thakur was granted validity by the Committee on 16.08.2003, the Court, applying Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. The State of Maharashtra and others, 2023 SCC OnLine SC 326, held that where the blood relations of the petitioner are granted validity, the petitioner is also entitled to validity on the ground of parity. The impugned order was quashed and set aside, and the Committee was directed to issue the validity certificate within four weeks from the date of uploading of the order.

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2025:BHC-AUG:35683-DB

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6553.2019WP.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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59 WRIT PETITION NO. 6553 OF 2019

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MAHENDRA PITAMBAR THAKUR

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for the Petitioner : Mr. Deshmukh M.S. AGP for Respondent/State : Mr.G.A. Kulkarni

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CORAM : NITIN B. SURYAWANSHI AND

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VAISHALI PATIL-JADHAV, JJ.

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DATED : 15^th DECEMBER, 2025.

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ORDER :

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. By this petition filed under Article 226 of the Constitution of India, the petitioner challenges the order dated 20^th May, 2019 passed by Respondent No.2 – Committee invalidating his tribe claim as belonging to “Thakur, Scheduled Tribe”.

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Heard learned Advocate for the petitioner and learned A.G.P. for the State. Perused the documents placed on record.

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Admittedly, real uncle of the petitioner namely Bhimsing Jamsing Thakur is issued validity certificate on the basis of the order passed by this Court on 13^th September, 2004 in Writ Petition No.87/1998 (Annexure “D”). This Court in detail has considered the merits of claim of Bhimsing and has set aside the order of the Committee and directed the Committee to issue validity certificate of Thakur, Scheduled Tribe to Bhimsing.

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Even real brother of the petitioner namely Rajendra Pitambar Thakur is granted validity by the Respondent – Committee on 16.08.2003. The relationship of both these persons is not in dispute. In the light of the decision in Maharashtra Adiwasi Thakur Jamat

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6553.2019WP.odt

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Swarakshan Samiti Vs. The State of Maharashtra and others, 2023 SCC OnLine SC 326, when the blood relations of the petitioner are granted validity, the petitioner is also entitled for validity on the ground of parity.

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In the result, Writ Petition is allowed. The impugned order is quashed and set aside. The Respondent – Committee is directed to issue validity certificate to the petitioner as belonging to “Thakur, Scheduled Tribe” within four weeks from the date of uploading of this order.

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

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sga

Mahendra Pitambar Thakur v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mahendra Pitambar Thakur v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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