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wp6152.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.6152 of 2006
Rakesh s/o Rameshkumar Bhadre,
Aged 31 years,
R/o Kasturba Gandhi Ward,
Bhandara. ... Petitioner
Versus
1. The Divisional Caste Certificate
Validation Committee, Nagpur
Division, Nagpur.
2. The Collector, Bhandara.
3. The State of Maharashtra,
through Secretary,
General Administration
Department, Mumbai.
4. The State Election Commission,
Maharashtra State, Mantralaya,
Mumbai-32. ... Respondents
Shri H.S. Chauhan, Advocate for Petitioner.
Shri N.S. Rao, Advocate for Respondent Nos.1 to 3.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
st Dated : 1 August, 2017 ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:28:51 ::: 2 wp6152.06.odt Oral Judgment (Per R.K. Deshpande, J.) :
1. The matter was listed before this Court on 18-7-2017 and the learned counsel for the petitioner was given time to take instructions from his client. He submits that there is a letter written to his client, but there are no instructions.
2. We have gone through the communication dated10-10-2006 issued by the Divisional Social Welfare Officer informing that the caste claim of the petitioner for 'Teli', Other Backward Class category, cannot be examined, as the petitioner is a migrant. The caste certificate of the father of the petitioner was issued on 14-10-1999 by the Naib-Tahsildar at Baitul in the State of Madhya Pradesh, whereas the caste certificate dated 2-2-1996, produced by the petitioner, has been issued by the Executive Magistrate, Bhandara. We are unable to understand the basis on which such certificate was issued to the petitioner. Apparently, the father of the petitioner was not resident of the State of Maharashtra prior to 13-10-1967, and hence he is not entitled to any benefit of Other Backward Class ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:28:51 ::: 3 wp6152.06.odt category in the State of Maharashtra. The claim was made for the purposes of contesting the election. The period has also expired. We do not find any substance in this petition.
3. Hence, the petition is dismissed. Rule stands discharged. No order as to costs.
JUDGE. JUDGE.
Lanjewar
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