Tarabai Genu Zade v. State Of Maharashtra Thr Its Secretary Tribal Development And ANR

18.WPNo.88072022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8807 OF 2022 Tarabai Genu Zade ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr.Chintamani K. Bhangoji, Advocate for the Petitioner. Smt. S. S. Bhende, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JULY 28, 2022 P.C.

1.

The petitioner was issued with the Caste Certifcate of Koli Mahadev Schedule Tribe in the year 1990 by the Executive Magistrate. The Committee directed the petitioner to obtain the Caste Certifcate in Form "C". The petitioner applied to the Sub-Divisional Offcer for grant of Caste Certifcate in proper format of Form "C". The said application is rejected. The appeal is dismissed. Being aggrieved thereby the present writ petition.

2.

Heard learned Counsel for the petitioner and learned AGP.

3.

If the petitioner was issued with the Caste Certifcate in the year 1990 and the Committee had directed the petitioner to obtain the Caste Certifcate in proper format of Form "C", then the Sub-Divisional Offcer was only required to confrm the issuance of Caste Certifcate and if the SubDivisional Offcer satisfed that the petitioner is issued the Gaikwad RD 1/2

18.WPNo.88072022.doc Caste Certifcate in the year 1990, the Sub-Divisional Offcer ought to have issued the Caste Certifcate to the petitioner. 4.

Even otherwise, the petitioner had produced the document i.e. the school record of the aunt regarding the caste as Mahadev Koli. The said document is of the year 1948. The document of the year 1986 i.e. school entry of the brother also recorded the caste as Mahadev Koli, so also the school record of the petitioner.

5.

It is trite that at the time of issuance of caste certifcate a long drawn enquiry is not contemplated. The Authority has to arrive at a prima facie satisfaction. Even otherwise, the caste certifcate has to undergo acid test during validation proceedings.

6.

Considering the pre-constitutional document on record in case of the paternal aunt of the petitioner and other documents, the impugned order is quashed and set aside.

7.

The Sub-Divisional Offcer shall issue caste certifcate to the petitioner of Koli Mahadev Scheduled Tribe in proper format of Form "C" preferably within four weeks from today. The caste certifcate shall have to undergo the validation proceedings.

8.

The writ petition is disposed of. No costs.

(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.07.29 18:37:39 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2