Umesh Pandurang Supekar v. State Of Maharashtra Through Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12390 OF 2015 Umesh Pandurang Supekar ..Petitioner.

V/s.

State of Maharashtra & Ors.

..Respondents.

Mr.C.K.Bhangoji for the petitioner.

Mr.A.I.Patel, AGP with Mr.Sandeep, AGP for respondent Nos.1 to 3. Mr.D.P.Singh for respondent No.4.

CORAM: SHANTANU KEMKAR AND NITIN W.SAMBRE, JJ.

DATE : JUNE 12, 2018 P.C.:- Heard the parties to the petition.

2.

Challenging the order dated September 15, 2015 (Exhibit-D) passed by the learned Sub-Divisional Officer (S.D.O.), Haweli, Pune whereby the petitioner has been asked to produce documents in support of his caste claim prior to 1950, the petitioner has filed this petition.

3.

The learned counsel for the petitioner by placing reliance on the order dated August 26, 2015 passed by the

2 7) wp12390-15.doc Division Bench of this Court at Aurangabad Bench in Writ Petition No.8738 of 2015 [Balu Eknath Thombre V/s. The State of Maharashtra and others] submitted that the impugned order passed by the S.D.O. deserves to be quashed and set aside. 4.

Having gone through the said order passed by this Court at Aurangabad Bench in Writ Petition No.8738 of 2015, we find that the question involved in this petition is also covered by the said order. In the circumstances, for the reasons stated in the said order, we direct the S.D.O. to issue caste certificate within six weeks from the date of receipt of the copy of this order. Since undisputedly, the petitioner was already possessing a caste certificate that he belongs to Mahadev Koli, ST, which was not found to be technically correct, we quash and set aside the impugned order and direct the S.D.O. to issue caste certificate as prayed for by the petitioner.

5.

With the aforesaid directions, the petition stands disposed of.

(NITIN W.SAMBRE, J.) (SHANTANU KEMKAR, J.)