Puja D/O Anil Belsare v. Dist. Caste Certificate Scrutiny Committee, Wardha Thr. Chairman And Others

(1) 56 wp 6541-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6541 OF 2023 Puja D/o Anil Belsare Vs.

District Caste Certificate Scrutiny Committee, Wardha, through its Chairman and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri P.P. Dhok, Advocate for petitioner Shri A.S. Fulzele, Addl.G.P. for respondent/State CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE :

13.09.2024.

The learned Counsel for the petitioner submits that the claim for validity which was earlier denied to Sagar S/o Vikram, Vikram being the uncle of the petitioner was set aside and remanded back to the Caste Scrutiny Committee by this Court in Writ Petition No. 8458/2018, for reconsideration of a document of the year 1930, which indicated the caste to be 'Mala Jangam'. After remand, it is contended that the Caste Scrutiny Committee upon further verification has accepted the caste claim of Sagar s/o Vikram Belsare, and has granted validity on 06/04/2023 (page 100). However, the genealogical tree filed by the present petitioner though indicates that Vikram is her uncle, it does not indicate that Sagar is her first cousin. This would therefore require verification of the

(2) 56 wp 6541-2023 relationship between the petitioner and Sagar, which being a question of fact, would be required to be enquired by the Committee, in view of which, the impugned decision dated 19/07/2022, is hereby quashed and set aside and the matter is remitted back to the District Caste Certificate Scrutiny Committee, Wardha, for deciding the claim of the petitioner in light of the above contentions.

2.

The petitioner shall appear before the Caste Scrutiny Committee, Wardha on 30/09/2024.

3.

The Caste Scrutiny Committee, Warsha, shall decide the claim as early as possible.

4.

The petition is allowed in the above terms. No costs.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..