Mrs. Jyoti Rahul Chitalkar Patil v. The State Of Maharashtra And ORS.

1 Jud-WP 3236-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3236 OF 2018 Mrs. Jyoti Rahul Chitalkar Patil Age - Adult, Occupation - Business, R/at Alandi, Taluka Khed, District - Pune, Pune - 410 501.

...Petitioner

Vs.

1. The State of Maharashtra

2. The District Caste Certificate Scrutiny Committee, Solapur Through its Chairman, Having office at Saath Rasta, Solapur.

3. The Collector, Solapur Having office at Collector Compound, Solapur.

...Respondents

------- Mr. A.Y. Sakhare, Sr. Advocate a/w Mr. Pramod N. Patil, Mr. Ajit Hon, Mr. Shyamsunder Solanke for petitioner.

Mr. P.P. Kakade - GP a/w Mr. S.B. Kalel - AGP for State. ------- CORAM : INDRAJIT MAHANTY & N.B. SURYAWANSHI, JJ.

JUDGMENT RESERVED ON : 11TH SEPTEMBER, 2019.

JUDGMENT PRONOUNCED ON : 25TH SEPTEMBER, 2019.

2 Jud-WP 3236-18.odt JUDGMENT : (Per N.B. SURYAWANSHI, J.) Heard learned counsel for the parties.

2.

Rule. Rule made returnable forthwith. Heard with consent of learned counsel for the parties.

3.

Writ Petition No.4069 of 2014 was filed by the father of the petitioner herein, which is allowed by us by a reasoned order. For the reasons stated in Writ Petition No.4069 of 2014, present Writ Petition is allowed.

4.

The impugned order passed by the Committee, invalidating the caste claim of the petitioner belonging to 'Khatik' caste, is hereby quashed and set aside and it is further declared that the petitioner belongs to 'Khatik' caste, which is recognised as Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950 and the validity certificate to that effect shall be issued to the petitioner by the second respondent committee within a period of four weeks from today.

3 Jud-WP 3236-18.odt 5.

Rule made absolute in the above terms with no order as to cost.

(N.B. SURYAWANSHI, J.) (INDRAJIT MAHANTY, J.)