Bhagyarathabai Tulshiram Shriramwar And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2646 OF 2016

1) Bhagyarathabai w/o Tulshiram Shriramwar, Age-60 years, Occu:Household,

2) Champati s/o Rama Devde, Age-55 years, Occu:Social Work, Both R/o-Shambhargaon, Tq-Loha, Dist-Nanded.

...PETITIONERS

VERSUS

1) The State of Maharashtra, Through the Secretary of Revenue and Forest Department, Mantralaya, Mumbai-32,

2) The District Collector, Nanded, Dist-Nanded,

3) The Tahsildar, Loha, Tq-Loha, Dist-Nanded,

4) The Divisional Caste Scrutiny Committee, Latur Division, Latur, Dist-Latur.

...RESPONDENTS ...

Mr.G.R. Syed Advocate for Petitioners.

Mr.B.V.Virdhe, A.G.P. for Respondent Nos. 1 to 4.

...

CORAM: S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATE : 8TH MARCH, 2016

ORDER :

1.

Heard. Notice to the Respondents. The learned A.G.P. waives notice for Respondent Nos. 1 to 4.

2.

Mr. Syed, learned counsel for Petitioners states that the Petitioners are not pressing the present Petition to the extent of Prayer Clauses C and D and would only prosecute the present Writ Petition with regard to Prayer Clause B.

3.

The learned counsel for the Petitioners submits that the Committee is not accepting the proposal of the Petitioners seeking validation in respect of their caste claim as belonging to Other Backward Class community.

4.

We have heard the learned A.G.P. also.

5.

In view of Section 6 of the Scheduled Castes, Scheduled Tribes, De-notified Tribes,

(Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, any person can approach the Committee, on obtaining the caste certificate, seeking validity of the same. In view of that, there would be no impediment to the Committee to accept the proposal seeking validation in respect of caste certificates issued in favour of the Petitioners. 6.

In light of above, Respondent No.4 Scrutiny Committee shall accept the proposal for caste verification of the Petitioners, if submitted by the Petitioners and if the same is complete in all respects, and shall decide the same expeditiously, in accordance with the merits.

7. Writ Petition stands disposed of, accordingly.

[A.I.S.CHEEMA,J.] [S.V. GANGAPURWALA, J.] asb/MAR16