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Bombay High CourtWP/9029/2022disposed off

Usha D/O. Ganpat Jadhav @ Usha Goraksha Pawar v. The Scheduled Tribes Caste Certificate Secrutiny Committee Thru Member Secretary And Dep.Director

2022-11-16Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Shivkumar Dige2 pages

920-1-wp-9029-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9029 OF 2022 Usha D/o. Ganpat Jadhav Alias Usha Goraksha Pawar

...Petitioner

Versus

The Scheduled Tribes Caste Certificate Secrutiny Committee & Dep. Collector & Ors.

.....Respondents ---- Mr.Piyush Pande, for the Petitioner.

Mrs.R.A. Salunkhe, AGP for Respondent Nos.1 and 2-State. ---- CORAM : S.V. GANGAPURWALA & NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.11.18 18:27:32 +0530 S.G. DIGE, JJ.

DATE : 16 NOVEMBER 2022 P.C:- .

We have heard the learned counsel for the Petitioner. 2.

The caste claim of the Petitioner belong to "Koli Mahadev" Scheduled Tribe is invalidated.

3.

Amongst, other submissions, one of the submission of the learned counsel for the Petitioner is that the Petitioner could not produce the validity issued in favour of the Petitioner's cousin nephew in the year 2014 of Koli Mahadev, Scheduled Tribe so also could not place on record the 7/12 extract of the N.S. Kamble page 1 of 2

920-1-wp-9029-2022.doc year 1964-1965 to demonstrate that to the ancestors of the Petitioner were allotted the land as an Inam. 4.

From the record, it is not clear as to what was the nature of Inam. So also, the Petitioner has to prove his relationship with the persons in whose name the land stood. 5.

As the matter pertains to the social status of the Petitioner, we are inclined to grant one more opportunity to the Petitioner.

6.

In the result, the impugned order is set aside. The matter is relegated before the Scrutiny Committee. 7.

The Petitioner shall appear before the Scrutiny Committee on 5 December 2022. The Petitioner may place on record the Additional Documents on which she is relying. The Scrutiny Committee shall thereafter, if it finds appropriate, conduct the vigilance of the said documents. The Committee shall thereafter, decide the proceedings afresh preferably within three months from the date of the appearance of the Petitioner. (S.G. DIGE, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 2 of 2