Ganesh Bhika Bhokre v. The State Of Maharashtra And Others

2025:BHC-AUG:14896-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2547 OF 2025 WITH WP/13888/2021 Ganesh Bhika Bhokre

VERSUS

The State Of Maharashtra And Others *** • Mr. S. T. Shelke h/f Mr. S. S. Wagh, Advocate for the Applicant • Mr. V. M. Kagne, AGP for the Respondent Nos. 1 and 2/State • Mr. A. P. Piratwad, Advocate for the Respondent No. 3 *** CORAM : NITIN W. SAMBRE, SACHIN S. DESHMUKH, JJ DATE : JUNE 13, 2025 PER COURT :

1.

Heard.

2.

Mahesh, son of the present applicant /petitioner, is granted validity by the Respondent - Caste Scrutiny Committee by an order dated May 10, 2024.

3.

The subject matter of the Petition is rejection of the prayer of the Petitioner for issuance of the caste certificate as he claims to be belonging to the 'Khatik', which is scheduled caste in the State of Maharashtra.

4.

The Division Bench judgment in the matter of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 Nagpur, [2010(6) Mh.L.J.401 : AIR 2010(6) Bom.R.21], provides for issuance of validity in favour of the blood relations in case of any of the family member, who is blood related to the validity holder, to be entitled for such validity.

5.

In this legal background, since the validity is already issued of belonging to Khatik scheduled caste in favour of son of the Petitioner namely, Mahesh, we are of the view that the Petitioner is entitled not only for issuance of caste certificate by the Sub-Divisional Officer but also based on the vigilance cell report of the Mahesh, he can seek issuance of validity.

6.

In that view of the matter, we permit the Petitioner to appear before the Sub-Divisional officer on 23.06.2025 with all the relevant documents and SDO shall process and issue the caste certificate in favour of the Petitioner within one week thereafter.

7.

Needless to clarify that such caste certificate issued in favour of the Petitioner shall be subject to the validity in accordance with the Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And Special Backward Category (Regulation Of Issuance And Verification Of) Caste Certificate Act, 2000.

8.

Civil Application so also the Writ Petition stand disposed of in above terms.

(SACHIN S. DESHMUKH, J.) (NITIN W SAMBRE, J.)