Kumar Shrimant Phulare And ORS v. State Of Maha. Thr. Sec. Tribal Development And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8637 OF 2023 Digitally signed by UDAY SHIVAJI JAGTAP Date:
2025.11.11 18:43:27 +0530 Kumar Shrimant Phulare & Ors.
... Petitioners UDAY SHIVAJI JAGTAP
Versus
State of Maharashtra & Ors.
... Respondents .............
Mr. Rahul Patil a/w Ms. Vaishali Suryawanshi (through VC) for the Petitioners.
Mr. S.B. Kalel, AGP for the Respondent - State. .............
Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.
Date : November 11, 2025.
ORAL ORDER : (Per M.S. Karnik, J.) 1.
We have heard learned counsel for the petitioners. 2.
We have perused the impugned order dated 23rd September 2022 issued by the Sub-Divisional Oicer, Malshiras Division, Akluj. The impugned order proceeds on the footing that the petitioner has not placed on record relevant documents prior to 1950 along with his application. Similar view has been taken by the Scheduled Tribe Validation Committee vide order dated 9th February 2024. 1 of
3.
Our attention is invited to the order dated 18th March 2025 passed by this Court in Apeksha Sopan Mane Vs. State of Maharashtra & Ors. in Civil Writ Petition No. 16538 of 2024 by the Principal Seat. In para 6 of the said order, it is observed thus :- "6.
There cannot be a thumb rule, that only if documents prior to independence are produced, then only Caste / Tribe Certiicate is to be granted. It is trite law that at the time of issuance of Tribe/Caste Certiicate, the Authorities are required to take a prima facie view. Grant of Tribe Certiicate is subject to detailed inquiry as is engrafted in the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notiied Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And special backward Category (Regulation of Issuance and Veriication of) Caste Certiicate Act, 2000 (for short "the said Act") and the law laid down by the Hon'ble Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. the State of Maharashtra and Ors. AIR 2023 SC 1657."
4.
Learned AGP made an attempt to justify the impugned orders by submitting that not a single document indicating that the petitioner belongs to the Hindu Mahadev Koli Scheduled Caste is produced on record and, therefore, the impugned orders do not need any interference.
5.
In light of the observations of this Court in Apeksha Sopan Mane (supra), we are satisied that the issue needs to be reconsidered by the 2 of
Sub-Divisional Oicer, Malshiras Division, Akluj. It is trite law that at the time of issuance of Tribe/Caste Certiicate, the authorities are required to take a prima facie view. Grant of Tribe Certiicate is subject to detailed inquiry as is engrafted in the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notiied Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And special backward Category (Regulation of Issuance and Veriication of) Caste Certiicate Act, 2000 and the law laid down by the Hon'ble Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti Vs. the State of Maharashtra and Ors. AIR 2023 SC 1657.
6.
In view of the above, we quash and set aside the impugned orders and remand the matter to the Sub-Divisional Oicer, Malshiras Division, Akluj for reconsideration.
7.
The respondent no.3 - Sub-Divisional Oicer shall consider the averments referred to in the petition while deciding the petitioner's application for grant of Caste Certiicate as belonging to Koli Mahadev Scheduled Tribe. The Sub-Divisional Oicer shall dispose of the said proceedings within a period of eight weeks from the date of communication of this order.
3 of
8.
The Writ Petition is disposed of in the above terms. There shall be no order as to costs.
[Ajit B. Kadethankar, J. ] [ M. S. Karnik ] 4 of