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(ii) Writ Petition No. 13403 of 2023 (Hemant Kashinath Gavali v. State of Maharashtra & Ors.)

55. The petitioner in this petition belongs to Mahadeo Koli Scheduled

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01 November, 2023 WP8513_2022 & ORS-corrected.odt Tribe. He was granted tribe/caste certificate dated 22 nd October 2001 by Executive Magistrate, Malegaon, Nashik. He moved the Caste Scrutiny Committee seeking validity of his tribe/caste certificate. After a vigilance enquiry and considering the evidence on record, the Caste Scrutiny Committee issued a caste validity certificate dated 2 nd November 2005 to the Petitioner belonging to Mahadeo Koli Scheduled Tribe. Such validity certificate had remained valid and in operation for almost about 18 years till the time the validity so conferred by the caste scrutiny committee was sought to be questioned by respondent nos. 3 and 4 who filed a complaint on 15th February 2023 and 20th February 2023 against the petitioner before the Caste Scrutiny Committee. Respondent nos.3 and 4 alleged that the Caste Scrutiny Committee needs to invalidate the tribe claim of his nephew and niece, Parth Gavali and Shruti Gavali, and on the basis of whose caste validity certificates, the petitioner had obtained a Petroleum Retail Outlet Dealership on 13th February 2017. On such reasons, the complainant requested the Caste Scrutiny Committee to cancel the petitioner's caste validity certificate. On such complaint being received, the Caste Scrutiny Committee orally intimated to the petitioner of issuance of a show cause notice, and called upon the petitioner to remain present for a personal hearing on 9th March 2023. The Petitioner accordingly remained present for a personal hearing along with his

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01 November, 2023 WP8513_2022 & ORS-corrected.odt September 2022 urging that the Caste Scrutiny Committee had no jurisdiction and/or power to review its earlier order of granting caste validity certificate, which was issued after following the due process of law. It is on such premise, the petitioner has approached this Court assailing the show cause notice inter alia contending that the Caste Scrutiny Committee had no authority to issue such show cause notice, so as to invalidate the tribe/caste certificate already granted to the petitioner by its prior decision.