Trishula Arvind Patil Vs the State of Maharashtra through Its Secretary and Others

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2025:BHC-AUG:4602-DB

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904 WP 661 2025newsp.odt

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Corrected order in view of the speaking to the minutes of the order dt. 14.02.2025

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 661 OF 2025 WITH

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CIVIL APPLICATION NO. 1734 OF 2025 IN WP/661/2025

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Trishula d/o Arvind Patil,

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Age 38 years, Occ. Service, R/o. Ramwadi, Tq. Dharashiv, Dist. Dharashiv.

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… Petitioner

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai.

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1. The Scheduled Tribe Certificate Verification Committee, Chh. Sambhajinagar, Through its Dy. Director (R) Dist. Aurangabad.

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1. The Deputy Director, Account and Treasury, Konkan Division, Room No. 506, 5^th Floor, Konkan Bhavan.

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1. The Pay & Account Officer, Office of Pay and Account, Near Family Court, Bandra-Kurla Complex, Bandra East, Mumbai-01.

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… Respondents

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Advocate for Petitioner : Mr. Sunil Mahadev Appa Vibhute A.G.P. for Respondents/State : Mrs. P.J. Bharad

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AND

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WRIT PETITION NO. 648 OF 2025

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Abhijeet s/o Arvind Patil, Age 34 years, Occ. Service,

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904 WP 661 2025newsp.odt

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R/o. Ramwadi, Tq. Dharashiv Dist. Dharashiv. … Petitioner

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VERSUS

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1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai.

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1. The Scheduled Tribe Certificate Verification Committee, Chh. Sambhajinagar, Through its Dy. Director (R) Dist. Aurangabad.

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1. The Secretary, Samaj Jagrati Shikshan Sanstha Murud, Samaj Jagrati Madhyamik & Uchha Madhyamik Vidhyalaya Murud, Tq. & Dist. Latur

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The Head Master, Samaj Jagrati Madhyamik & Uchha Madhyamik Vidhyalaya Murud, Tq. & Dist. Latur

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… Respondents

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… Advocate for Petitioner : Mr. Sunil Mahadev Appa Vibhute A.G.P. for Respondent/State : Mr. S.R. Wakale

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Advocate for Respondent No.2 : Mr. R.R. Khandebharad

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CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ. DATE : 12.02.2025

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PER COURT :

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Common order of the respondent-scrutiny committee in the matter of siblings is being questioned by them by preferring separate writ petitions dated 06.01.2025.

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We have heard both the sides finally.

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The genealogy relevant for the purpose can be traced from the papers as under:

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Motiram Shankar Patil

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Narayan Yashoda Satyabhama Prashant (V.H.) Arvind Ranjeet (V.H.) Jivanrao (V.H.) Trishula Abhijit Rohan Rohit Rohini Rushikesh Abhishek Suchita Savita Asha Prasad (V.H.) (V.H.) (V.H.) (V.H.)

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The petitioner’s real uncles Prashant, Ranjeet and Jivanrao possess certificates of validity. All the issues of Prashant also possess validities. Ranjeet’s children were also held to be entitled to have certificates of validity by the order of this Court in Writ Petition No. 12688/2023, passed on 22.07.2024.

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Pertinently, after Ranjeet had faced invalidation and had approached this Court. His matter was remitted back to the committee for decision afresh. While passing the order holding him entitled to have a certificate of validity on 18.12.2009, the committee inter alia referred to the validities in the family of the first decree relations, he was held entitled to have a certificate of validity. It is in the light of above mentioned state affairs, following the principles laid down in the matter of Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others; 2023 SCC Online SC 326, when admittedly, the first decree cousins and paternal uncles have been issued with certificates of validity pursuant to the order of this Court or the committees from time to time, the petitioners are entitled to have certificates of validity.

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