Bharatsingh Prakashsingh Tatu Thakur v. The State Of Maharashtra And Others

1 918-WP14577-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14577 OF 2019 Bharatsingh Prakashsingh Tatu Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. S. B. Pulkundwar, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 04th DECEMBER, 2019.

PER COURT:- 1.

The application filed by the petitioner for issuance of caste certificate as belonging to Rajput Bhamata Vimukt Jati (A) is rejected. Appeal filed against the same is dismissed.

2.

We have heard Mr. Jadhavar, learned counsel for the petitioner and Mr. Pulkundwar, learned A.G.P.

3.

It appears that under the orders of this Court in Writ Petition No. 11789 of 2015 dated 11.01.2016 this Court had directed Sub Divisional Officer to issue the caste certificate to Ashish Subhashsing Tatu Thakur the son of the real uncle of the petitioner.

2 918-WP14577-19.odt 4.

It is trite that at this prima facie stage, the Sub Divisional Officer has to consider the documents on record and issue caste certificate. Even otherwise the caste certificate will have to undergo the acid test before the scrutiny committee during validation proceeding. 5.

Considering the documents on record and order of this Court in case of the son of the real uncle of the petitioner, the impugned orders are quashed and set aside. The Sub Divisional Officer (respondent No.

3) shall issue caste certificate to the petitioner as belonging to Rajput Bhamata Vimukt Jati (A).

6.

Writ petition accordingly is allowed. No costs. ( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.