Varsha Subrav Koli v. The State Of Maharashtra Thr The Secretary Tribal Development Dept And ORS

Digitally signed by CHITRA SANJAY SONAWANE Date:

2022.08.25 18:47:45 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9672 OF 2022 Varsha d/o Subrav Koli

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr.Prafullasing H. Patil h/f Ms Vaishali B.Suryavanshi for Petitioner. Mr.PP Kakade, GP, a/w Mrs.PN Diwan, AGP for State. CORAM : S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED : 20TH AUGUST 2022.

P.C. :

1.

The application filed by the petitioner for issuance of Caste Certificate of "Koli Mahadev" Caste, is rejected. Therefore, the petitioner filed an appeal before Respondent No.2, which was dismissed. 2.

Learned Counsel for the Petitioner submits that the Uncle and Cousin Uncle of the Petitioner have been issued Caste Certificates. 1/3

3.

School record of the Father, the Uncle and Cousin Uncle refers their Caste as "Mahadev Koli". The said documents are of the year 1989, 2004 and 2021. Same have been taken into consideration by the authority. 4.

Learned Government Pleader submits that the Petitioner has not produced any documents of pre-constitutional era to prove her claim. The S.D.O. as well as the Committee have considered all relevant aspects of the matter and have rightly dismissed the application for issuance of Caste Certificate.

5.

It appears from the documents placed on record that, the father of the petitioner, so also, his Cousin Uncle have been issued Caste Certificate of 'Koli Mahadev' Caste. The documents placed on record i.e. the school entries of the Father, Uncle and Cousin Uncle of the petitioner, shows their Caste as 'Mahadev Koli'. These are not the documents of recent origin. 6.

Considering the documents on record, we set aside impugned order and direct the concerned Authority to issue the Caste Certificate to the petitioner. The said Caste Certificate naturally will have to go through the acid test in validation proceeding.

2/3

7.

The petition is disposed of.

8.

No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) 3/3