Shivaji Bharat Koli v. State Of Maharashtra Thr Sec. Tribal Development Dept. And ORS

37-WP-3691-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3691 OF 2025 Shivaji Bharat Koli ....Petitioner versus State of Maharashtra & Ors.

....Respondents Mr. Vishnu A. Madane, Advocate for the Petitioner. Mr. P.P. Kakade, Addl. G.P. a/w Mr. Siddheshwar Kalel, AGP for the Respondent Nos.1 to 3.

CORAM : M. S. KARNIK & & ASHWIN D. BHOBE, JJ.

DATE : 19th MARCH , 2025 P.C. :- 1.

Heard Mr. Vishnu Madane, learned Counsel appearing for the Petitioner. The Petitioner had applied to the Sub-Divisional Officer (SDO) for issuance of a Caste Validity Certificate as belonging to the Hindu Mahadev Koli which is a Schedule Tribe. By the order dated 5th February, 2024, the SDO Mohol rejected the application. The rejection is on the ground that the Petitioner has not furnished any supporting materials to prove his caste claim for issuance of such a Caste Certificate. Learned Counsel for the Petitioner has invited our attention to the Caste Certificate of the Kartikeya

37-WP-3691-2025.odt Petitioner's father, wherein it is mentioned that his father belongs to the Koli Scheduled Tribe. The xerox of the Certificate is not legible and the word 'Mahadev' Koli does not appear in the said Caste Certificate. These aspects needs to be verified by the SDO. 2.

Suffice it to observe that as the Petitioner's father has been granted a Caste Certificate on 26th April, 1978 as belonging to Scheduled Tribe, the SDO needs to reconsider the application made by the Petitioner for grant of Caste Certificate in light of the decision of this Court in Suyesha Arun Vaswade Vs. State of Maharashtra in Writ Petition No.15126 of 2023. Accordingly, the SDO is directed to reconsider the application made by the Petitioner for issuance of Caste Certificate on its own merits within a period of four weeks from the date this order is placed on its record. The SDO shall pass the orders after verifying the original Caste Certificate of the Petitioner's father. The impugned order is accordingly set aside. Matter is sent to SDO for reconsideration. The application be submitted to the SDO for reconsideration. 3.

This Petition is disposed of. No costs.

(ASHWIN D. BHOBE, J.) (M. S. KARNIK, J.) Kartikeya