Jagannath Maruti Gaikwad v. State Of Maharashtra Thr Its Secretary Tribal Development And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1222 OF 2023 Jagannath Maruti Gaikwad .....Petitioner V/s.

State of Maharashtra, thr. Its Secretary, Tribal Development and Ors.

.....Respondents ---- Mr. R.K. Mendadkar, Advocate for the petitioner. Mrs.R.A. Salunkhe, AGP for State-respondents no.1 and 2. Mr. Bernad Reis alongwith Ms. Martina Sapkal alongwith Mr. Arun Sapkal, Advocate for respondent no.3.

CORAM : S.V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J.

DATE :

th MARCH, 2023.

P.C. :

1.

The caste claim of the petitioner belonging to Thakar Scheduled Tribe being invalidated, is the subject matter of dispute in the present petition.

2/3 2.

Heard learned Counsel for the petitioner and learned AGP for State.

3.

We have gone through the judgment and the record produced before us. It is not in dispute that the daughter of the petitioner has been issued with the Caste Validity Certifcate on 21st January, 2021. The daughter of the real uncle of the petitioner namely, Jyoti is also issued with the Caste Validity Certifcate. The Committee invalidated her caste claim. She had fled Writ Petition before this Court bearing Writ Petition No. 998/2016. The Division Bench of this Court in order dated 20th September, 2017 allowed the Writ Petition setting aside the judgment of the Committee and directed the Committee to issue Caste Validity Certifcate of Thakar Scheduled Tribe to her. Similarly, another paternal relative of the petitioner, named Aishwarya had also applied for Caste Validity Certifcate. The same was invalidated.

She fled Writ Petition bearing No. 6849/2016. The Division Bench of this Court under judgment and order dated 10th July, 2017 allowed the said Writ Petition and directed the Committee to issue Caste Validity Certifcate to her of Thakar Scheduled Tribe. Similarly, in case of Madhura, another paternal relative, this Court in judgment and order dated 9th November, 2017 in Writ Petition No.

3/3 Validity Certifcate to her. There are other paternal relatives who have been issued with the Caste Validity Certifcate. 4.

The Division Bench of this Court in case of Apoorva Do. Vinay Nichale Vs. Divisional Caste Certifcate Scrutiny Committee, 2010 (6) Mh.L.J. 401, has observed that the Caste Validity Certifcate issued to the paternal relatives is a relevant fact. There are old documents also of pre-constitutional era produced by the petitioner recording caste as Thakar.

5.

In light of the judgment of Division Bench in case of paternal relatives of the petitioner as referred to above, the impugned judgment dated 25th April, 2022 passed by respondent no.2-Scrutiny Committee, Pune invalidating caste certifcate of the petitioner, is quashed and set aside. Petition is disposed of. 6.

The Committee shall issue Caste Validity Certifcate of Thakar Scheduled Tribe to the petitioner.

7.

Rule is made absolute. No costs.

NEETA SHAILESH SAWANT (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) NEETA SHAILESH SAWANT Date: 2023.03.30 15:41:46 +0530