Ashalesha D/O Sunil Gujar And Another v. Divisional Caste Verification And Scrutiny Committee No.2, Amravati And Another

2025:BHC-NAG:4343-DB 915 wp 6785.19 odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6785 OF 2019 Ashalesha D/o Sunil Gujar and another .Vs.

Divisional Caste Verification and Scrutiny Committee No.2, Amravati and ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mrs. S.W. Deshpande, Advocate with Mr. Saurav, Advocate for the petitioners. Mr. D.P. Thakare, Addl.Govt. Pleader for respondent No1/State. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, J.J.

DATE : 24.04.2025 Heard.

2.

Neha Dilip Gujar, cousin sister of the petitioners, holds a validity certificate dated 20.06.2018, which is produced at Annexure 5.

3.

Apart from the above, the Vigilance Cell Report at Annexure-I, submitted in the matter of petitioner No.2, speaks about the entry in relation to great-grandfather Rustam Ba Murlidhar belonging to "Bhope". These two documents will have more evidentiary value and prima-facie it can be noticed that the petitioners can be said to have discharged the burden under Section 8 of the Maharashtra Scheduled Castes,

915 wp 6785.19 odt..odt Scheduled Tribes, De-notified Tribes (Vimukta Jatis),Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. 4.

In this background, both the orders passed by the Committee as referred to in the prayer clause (i) i.e. the order dated 05.03.2018 and the order dated 04.04.2019 are hereby quashed and set aside.

5.

The petitioners to appear before the Committee on 05.05.2025, who shall decide the caste claim of the petitioners within a period of three months having regard to the aforesaid two entries and the observation as regards the discharge of the burden of the petitioners. 6.

The Writ Petition stands allowed in the aforesaid terms. No costs.

(MRS. VRUSHALI V. JOSHI, J) (NITIN W. SAMBRE, J.) manisha