Devendra Pundlik Khadge vs The Scheduled Tribe Caste Cert. ...
2017 Latest Caselaw 1449 Bom

                                                               1                                         WP.797.08.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO. 797 OF 2008.


     Devendra s/o Pundlik Khadge,
     aged about 33 years, Occu. Service,
     Resident of Lahariya Nagar, 
     Koulkhed, Akola.               ......                            PETITIONER.

                      ....Versus....

     1]  The Scheduled Tribe Caste Certificate
         Scrutiny Committee, Amravati 
         Division, Amravati,

     2] The Collector,  Akola.

     3] The Sub Divisional Officer,
        Sub Division Office, Murtizapur,
        Distt. Akola.                 .....                                                 RESPONDENTS.


     Mr. P.R. Parsodkar, Advocate for the petitioner,
     Mr. Nitin Rode, Assistant Government Pleader for the respondents.


                                 CORAM :  B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATED : APRIL 4, 2017.

ORAL JUDGMENT (PER A.S. CHANDURKAR, J.)

1] Civil Application (C.A.W.) No. 403 of 2017 has been filed

by the petitioner praying that the present Writ Petition be disposed of

in view of the adjudication of the caste claim of his real brother in Writ

2 WP.797.08.odt

Petition No. 2361/05.

2] In the present Writ Petition, the order dated 20.12.2007

passed by the Scrutiny Committee invalidating the caste claim of the

petitioner of belonging to Halba Scheduled Tribe is under challenge. It

is submitted by Mr. P.R. Parsodkar, learned Counsel for the

petitioner, that in Writ Petition No. 2361/05 which was filed by the

petitioner's real brother, this Court by judgment dated 15.11.2016 has

set aside the order of the Scrutiny Committee and directed it to issue

a caste validity certificate. It is submitted that as the petitioner's real

brother has been issued the validity certificate, the petitioner is also

entitled for similar relief.

3] Mr. Nitin Rode, learned Assistant Government Pleader for

the respondents, seeks time to verify as to whether the petitioner in

Writ Petition No. 2361/05 is the real brother of the present petitioner.

4] It is seen that the copy of the present Civil Application has

been served on the respondents on 11.2.2017. On 10.3.2017 time of

two weeks was granted to verify the aforesaid fact. Be that as it may,

perusal of the impugned order passed by the Scrutiny Committee

indicates that the very same documents that were considered by the

3 WP.797.08.odt

Scrutiny Committee while invalidating the caste claim of the

petitioner's brother were relied upon by the present petitioner. Hence,

in view of the adjudication in Writ Petition No. 2361/05, we find that

the petitioner herein is entitled to similar relief.

5] In view of the aforesaid, the order dated 20.12.2007

passed by the Scrutiny Committee is quashed and set aside. It is

declared that the petitioner belongs to Halba-Halbi Scheduled Tribe

and the Scrutiny Committee shall issue a caste validity certificate to

the petitioner within a period of four weeks from today.

6] The Writ Petition stands allowed. Rule is made absolute in

the Writ Petition in the aforesaid terms. There will be no order as to

costs.

The Civil Application (CAW) No. 403/17 stands disposed of

accordingly.

                     JUDGE.                                                               J
                                                                                            UDGE.
    J.