Bombay High CourtWP/4997/2022disposed off

Laxman S/O Maruti Koli And ORS v. The State Of Maharashtra Through Secretary, Tribal Development Dept. And ORS

2022-09-13Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

124.4997.22-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4997 OF 2022 TRUSHA TUSHAR MOHITE Laxman s/o. Maruti Koli & Ors.

..... Petitioners TRUSHA TUSHAR MOHITE Date: 2022.09.20 14:30:08 +0530 Vs.

The State of Maharashtra and Ors.

..... Respondents Mr. Deepak D. Choudhari for the Petitioner Mr.S.B.Kalel, A.G.P. for the State

CORAM:

S.V.GANGAPURWALA & R.N.LADDHA, JJ.

DATED :

SEPTEMBER 13, 2022 P.C.

Rule.

Rule made returnable forthwith. By consent of parties, Writ Petition is heard finally.

The Petitioner filed Application for issuance of caste certificate of Koli Mahadev Scheduled Tribe. SDO rejected the Application. Petitioner filed Appeal. Appellate authority dismissed the appeal. Mr.Choudhari the learned counsel submits that Petitioner had produced school record of paternal aunt of the Petitioner namely Girevva Bhimsha Koli wherein date of birth is 01.06.1942 and the Mohite 1/2

124.4997.22-wp.docx date of admission is of 1949 and the leaving certificate is of 1952. The said document is of pre-constitutional era. The real brother of the Petitioner nos.1 and 4 are also issued with the caste certificate of Schedule Tribe.

We have heard the learned A.G.P.

It is trite that while issuing caste certificate a long drawn enquiry is not contemplated. Prima facie, it appears that the real brother of Petitioner nos.1 and 4 are already issued with Caste Certificate of Schedule Tribe. Petitioner has produced the school record of paternal aunt of the Petitioner namely Girevva Bhimsha Koli wherein admission was taken in the year 1949. In the said record caste is recorded as Hindu Mahadeo Koli. Same is pre constitutional document. Said ought to have been considered. In light of the above, impugned orders are quashed and set aside. Concerned SDO shall issue caste certificate of Petitioner of Koli within 15 days.

Writ Petition is disposed of. Rule is made absolute accordingly. (R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.) Mohite 2/2