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Bombay High CourtWP/1364/2024disposed off

Varsha Ganesh Nandgaonkar v. The State Of Maharashtra Through Principal Secretary

2024-03-26Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2024.04.01 11:10:54 +0530 ANANT KRISHNA NAIK 14.WP.1364.2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1364 OF 2024 Varsha Ganesh Nandgaonkar

...Petitioner

Versus

The State Of Maharashtra & Ors.

...Respondents

Mr. Kunal Tiwari i/b. K. Juris Law Firm for the Petitioner. Mr. Abhay Patki, Addl. GP for the Respondent - State CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 26 MARCH, 2024 P.C.:

1.

The Petitioner has sought a direction to the Respondent No. 3 - Deputy Collector to issue caste certificate to the Petitioner's son without insisting upon the caste certificate of the Petitioner's ex-husband. It is orally agreed that this being insisted upon and the Petitioner's application is being rejected on that count. The Petitioner's contention that it is not possible for the Petitioner to submit such a caste certificate, is not brought to the Respondent No. 3 in writing. Whether the certificate is valid or invalidated is also not placed on record.

2.

The Petitioner can make a representation to the Respondent No. 3 stating/setting out all the necessary facts and seeking a waiver regarding the production of the caste certificate of the Petitioner's ex-husband on akn 1/2

14.WP.1364.2024 .doc the contention that after divorce was granted ex-parte whereabouts of the Petitioner's husband are not known.

3.

Once such an application is made, the Respondent No. 3 will look into it on priority basis, as per law. If the Petitioner gives details of the Petitioner's husband, it is not impossible for the Authorities to examine the record regarding the presence of the Caste Certificate of the Petitioner's husband and also to ascertain whether it is still valid or is invalidated.

4.

With these observations, the Writ Petition is disposed of. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2