2024:BHC-AUG:16316-DB
1 wp 7590.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7590 OF 2024
Madhura Balaji Koli and another .. Petitioners
Versus
The State of Maharashtra and another .. Respondents
Shri Vivekanand U. Jadhav, Advocate for the Petitioner.
Shri K. S. Patil, A.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 31 JULY 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard both the sides finally considering exigency expressed
by the petitioners.
2. Petitioners are challenging common judgment and order
dated 04 July 2024 passed by the respondent No. 2/Scrutiny
Committee confiscating and invalidating their validity
certificates for ‘Koli Mahadev’ (Scheduled Tribe).
3. Petitioners rely upon validity certificate of petitioner No. 1’s
father Balaji. According to petitioners it was issued after
following due procedure of law and considering relevant record of
Bhanudas Bhagwan Koli of 1340 Fasli, which has greater
probative value. Learned counsel for the petitioners submits that
the Scrutiny Committee did not consider that the persons whose
caste is recorded as Koli are not related to the petitioners, though
2 wp 7590.24
the stand was taken by the petitioners in reply to the vigilance
report.
4. Learned Assistant Government Pleader would support
impugned judgment and order. He would submit that there are
contrary entries of blood relatives of the petitioners as well as the
validity certificate of father of petitioner No. 1 was procured by
suppressing material facts. He would submit that show cause
notice has been issued to the father of the petitioner No. 1.
5. We have gone through the genealogy. Balaji is the father of
the petitioner No. 1, who is issued with the validity certificate.
There is vigilance enquiry conducted in his matter in which there
is reference to record of 1955 of Bhanudas Bhagwan Koli
indicating caste as Koli Mahadev and it was considered by the
vigilance officer. Balaji was issued with validity certificate after
considering relevant record. We are of the considered view that
due procedure was followed while issuing validity certificate to
Balaji. It would enure to the benefit of the petitioners.
6. It reveals from record that Scrutiny Committee did not
consider reply filed by the petitioners to the vigilance report in
which the petitioners have specifically denied any relationship
with Sukumar, Kamal, Kaka and Popat. Scrutiny Committee
only referred the contrary entries of above referred persons.
Scrutiny Committee failed to conduct the scrutiny objectively and
committed perversity. We find that impugned judgment and
order is unsustainable.
3 wp 7590.24
7. Learned counsel for the petitioners undertakes to abide by
the conditions as laid down in the matter of Shweta Balaji
Isankar Vs. The State of Maharashtra and others
judgment dated 27 July 2018 in W. P. No. 5611 of 2018. The
petitioners are entitled to validity certificates on certain
conditions. We therefore, pass following order.
O R D E R
(a) The writ petition is allowed partly.
(b) The impugned judgment and order dated 04.07.2024
passed by the respondent No. 2/Scrutiny Committee is quashed
and set aside.
(c) The respondent No. 2/Scrutiny Committee shall issue
validity certificates to the petitioners of ‘Koli Mahadev’
(Scheduled Tribe) immediately.
(d) Said validity shall be subject to the out come of
reverification proposed by the Scrutiny Committee of the validity
holder.
(e) Petitioners shall not be entitled to claim equities.
(f) Writ petition is disposed of in above terms.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/July 24