Kumar S/O. Shrimant Phulare And ORS. v. The State Of Maharashtra Thr. The Secretary Tribal Development Department And ORS.

503 wp-1506-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1506 OF 2026 Kumar Shrimant Phulare and Others.

...Petitioners.

Versus

The State of Maharashtra and Others.

...Respondents.

------ Mrs. Vaishali Suryawanshi Birajdar (thr. V.c.) and Mrs. Surekha H. Kamble for the Petitioner.

Mr. V. M. Mali, AGP for the Respondent-State. ------ Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.

Date : April 22, 2026.

P. C. :

1.

Head Mr. Vaishali Suryawanshi, learned Counsel appearing for the Petitioners and Mr. Mali, learned AGP for the Respondent-State. 2.

In this writ petition iled under Article 226 of the Constitution of India, challenge is to the legality and validity of the order dated 15th December 2025 passed by the Sub Divisional Oicer, Malshiras SubDivision, Akaluj by which, application preferred by the Petitioners under Section 3 of The Maharashtra Scheduled Castes, Scheduled Tribes, DeNotiied Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Veriication of) Caste Certiicate Act, 200 [for short, "the said Act"] seeking issuance of caste certiicate is rejected.

Patil-SR 1 of

503 wp-1506-2026.doc 3.

Mr. Mali, learned AGP at the outset raised preliminary objection to the maintainability of writ petition on the ground that Petitioner is having an alternate remedy of appeal under Section 5 of the said Act. 4.

In view of the said objection raised by learned AGP, Ms. Suryawanshi, learned Counsel for the Petitioners seeks withdrawal of writ petition with liberty to avail the said alternate remedy of statutory appeal. Leave with liberty as sought for is granted. Writ petition is disposed of as withdrawn.

5.

Needless to observe that Petitioners are entitled to get the beneit of Section 14 of the Limitation Act, 1963. [Pravin S. Patil, J.] [Madhav J. Jamdar, J.] Patil-SR 2 of