Bapu Tukaram Koli v. State Of Maharashtra The Its Secretary Tribal Development Department And ANR

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7123 OF 2024 Bapu Tukaram Koli ] Petitioner versus State of Maharashtra and others ] Respondents .....

Mr. Chintamani K. Bhangoji i/b Ms. Supriya Koli, for Petitioner. Ms. T.J. Kapre, A.G.P, for Respondent - State. .....

CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ.

DATE : 22nd DECEMBER, 2025.

ORAL ORDER: [PER M.S. KARNIK, J.]:

1.

Heard learned Counsel for the petitioner and the learned A.G.P, for respondent - State.

2.

Our attention is invited to the impugned order dated 9th February, 2023 passed by respondent No.2 - Scheduled Tribe Certiicate Scrutiny Committee, Pune (for short "Scrutiny Committee") rejecting the appeal iled by the petitioner against an order dated 14th June, 2022 passed by respondent No.3 - Sub Divisional Oicer, Vita Sub Division, Vita, District Sangli, refusing to grant caste certiicate to the petitioner.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.12.24 13:32:07 +0530

3.

Learned Counsel for the petitioner invited our attention to the communication dated 7th December, 2022 addressed to the Scrutiny Committee wherein several documents are relied upon in support of the caste claim and status of the petitioner for grant of caste certiicate. It is submitted that these three documents of the close relatives of the petitioner i.e Aditya Appasaheb Koli, Supriya Suresh Koli and Sukanya Suresh Koli though speciically referred to are not considered by the Scrutiny Committee while rejecting the appeal. 4.

Learned A.G.P requested for some time to take instructions. However, we are not inclined to grant time. We ind that in the impugned order, there is no consideration of the aforesaid materials relied upon by the petitioner in the form of the Caste Certiicates of his close relatives.

5.

In such view of the matter, we are inclined to set aside the impugned order passed by the Scrutiny Committee. We remit the appeal to the Scrutiny Committee for a fresh decision after giving due consideration to the documents relied on by the petitioners of his close relatives; Aditya Appasaheb Koli, Supriya Suresh Koli and Sukanya Suresh Koli and other materials on record. Scrutiny Committee is requested to decide the appeal within a period of eight weeks from the date of communication of this order.

6.

The petition is disposed of in the aforesaid terms. No order as to costs.

[AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]