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Bombay High CourtCA/12303/2025disposed off

Ashwin Gopal Sonawane And Another v. The State Of Maharashtra Through Its Secretary And Others

2025-11-13Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Abasaheb D. Shinde3 pages

2025:BHC-AUG:31754-DB

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 1056 WRIT PETITION NO. 2662 OF 2025 Neeraj Janardan Sonawane And Another

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Advocate for the Petitioner : Mr. Thorat Chandrakant R. For Petitioner AGP for Respondents-State: Mr. D. R. Korde ...

WITH CIVIL APPLICATION NO. 12304 OF 2025 IN WP/2662/2025 ...

AND 1057 WRIT PETITION NO. 2690 OF 2025 Ashwin Gopal Sonawane And Another

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Advocate for the Petitioner : Mr. Thorat Chandrakant R. For Petitioner AGP for Respondents-State: Mr. N. R. Dayma ...

WITH CIVIL APPLICATION NO. 12303 OF 2025 IN WP/2690/2025 ...

CORAM

: R. G. AVACHAT & ABASAHEB D. SHINDE, JJ.

Dated : NOVEMBER 13, 2025 PER COURT : - 1.

Heard.

2.

Both these writ petitions, filed by the cousin brothers, challenge (i) the order passed by the Sub-Divisional Officer in the first instance, and (ii) the order passed by the Scrutiny Committee in appeal, by which the applications submitted by the petitioners for issuance of 1 of

1056 WP 2662-2025 caste certificates claiming to belong to Tokre Koli have been rejected.

3.

The learned Counsel for the petitioners submits that the sole ground on which the petitioners' applications have been rejected is that they failed to place on record any document prior to 1950. He further submits that a document pertaining to one Hirman Bhavji Koli, dated 18/05/1926, could be traced only after the impugned orders were passed. The said document has now been placed on record by way of a civil application. He therefore prays that the matter be remanded to the Sub-Divisional Officer (respondent No.3) for reconsideration.

4.

The learned AGP has attempted to justify the impugned orders. However, considering that the document dated 18/05/1926- which was not available earlier - now requires consideration, we deem it appropriate to set aside the impugned orders and remand the matter to respondent No.3 - the Sub-Divisional Officer, for fresh consideration of the petitioners' applications for issuance of caste certificates.

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1056 WP 2662-2025 5.

Respondent No.3 shall make an endeavour to decide the applications within a period of four weeks from today. With these directions, the writ petitions stand disposed of. 6.

In view of the disposal of the writ petitions, the pending civil applications also stand disposed of.

( ABASAHEB D. SHINDE, J. ) ( R. G. AVACHAT, J. ) vj gawade/-.

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