Sachin Kailash Kale v. State Of Maharashtra, Thr. Secretary, General Administrative Department, Mumbai And ANR.

2025:BHC-NAG:13737-DB 1 6-wp-7493-25j.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7493 OF 2025 Sachin Kailash Kale, Aged 28 years, Occ. Cultivator, R/o. Nandarun, Tal. Daryapur, Tah. And Dist. Amravati.

. . . PETITIONER // V E R S U S //

1. State of Maharashtra through its Secretary, General Administrative Department, Mantralaya, Mumbai-32.

2. The Sub-Divisional Officer, Daryapur, Dist. Amravati.

. . . RESPONDENTS --------------------------------------------------------------------------------------------------- Ms. Rajshree S. Kabra, Advocate for petitioner. Ms. Hemlata Jaipurkar, AGP for respondent nos. 1 and 2/State. --------------------------------------------------------------------------------------------------- CORAM :- SMT. M. S. JAWALKAR & M. W. CHANDWANI, JJ.

DATED :- 01.12.2025 ORAL JUDGMENT (PER:

M. W. CHANDWANI , J.) :- Heard.

2.

Ms. Hemlata Jaipurkar, learned AGP waives service of notice for respondent nos. 1 and 2/State.

3.

Rule. Rule made returnable forthwith.

2 6-wp-7493-25j.odt 4.

Considering the innocuous prayer made by the petitioner for issuing directions to respondent no. 2- Sub-Divisional Officer, Daryapur (SDO) to issue caste certificate of 'Koli Mahadev' (Scheduled Tribe) in favour of the petitioner, we feel it appropriate to dispose of the petition at the stage of admission by consent of the learned counsels for the parties.

5.

The petitioner claiming himself to be belonging to 'KoliMahadev' (Scheduled Tribe) applied for issuance of caste certificate in 'Form-C' to respondent no.2- SDO on 18.03.2021. Thereafter, the petitioner had also filed a representation in the month of March-2025 before respondent no. 2-SDO to decide the application filed by him. However, respondent no. 2- SDO did not respond to the said prayer. 6.

The contention of the petitioner is that, caste certificate has already been granted to Pratik Kale, the real brother of the petitioner under the dictum of this Court in Writ Petition No. 6774/2024 by the very same respondent. However, respondent no. 2SDO has not decided the application of the petitioner for grant of caste certificate till date.

7.

Hence, we feel it appropriate to direct respondent no. 2SDO to consider the application of the petitioner, more particularly in

3 6-wp-7493-25j.odt view of the fact that the real brother of the petitioner has been issued caste certificate as per the judgment and order of this Court in Writ Petition No. 6774/2024 in accordance with Section 4 of the Maharashtra Scheduled Castes, 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 and Rules 3 of the Maharashtra Scheduled Tribe (Regulation of Issuance and Verification of Certificate) Rules, 2003 and issue caste certificate to the petitioner in 'Form-C' within two months from the date of receipt of this order.

8.

In the abovesaid terms, the petition is disposed of. Rule is made absolute accordingly. No costs.

(M. W. CHANDWANI, J.) (SMT. M. S. JAWALKAR, J.) RR Jaiswal Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 08/12/2025 18:15:50