Bombay High Court
Ms. Hazera Parvin Noor Ahmed Akola vs The State Of Mah. Mumbai & Others on 2 November, 2017
Bench: Prasanna B. Varale
wp1276.02.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1276/2002
PETITIONER : Ms. Hajera Parvin Noor Ahmed
aged about 24 years, r/o Firdoz Colony, Akola,
District Akola.
...V E R S U S...
RESPONDENTS :- 1. The State of Maharashtra through its
Secretary, Department of Tribal Development,
Mantralaya, Mumbai - 32.
2. The Committee of Scrutiny and Verification
of Tribe Claims through its Director,
Amravati, Dist. Amravati.
3. The Zilla Parishad, Akola,
through its Chief Executive Officer,
District Akola.
4. The Tahsildar, Akola, Tahsil Office, Akola.
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None for the petitioner
Mrs. A.R. Kulkarni, AGP for respondent nos.1, 2 and 4
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CORAM : PRASANNA B. VARALE AND
ARUN D. UPADHYE, JJ.
DATE : 02.11.2017
ORAL JUDGMENT (PER : PRASANNA B. VARALE, J.)
1. None for the petitioner. The petitioner is challenging the
order of the Divisional Caste Scrutiny Committee, Amravati dated
2/2/2002 thereby invalidating the caste claim of the petitioner.
wp1276.02.odt
2. The claim of the petitioner that she belongs to
Chhapparbhand Vimukta Jati is on the basis of an entry of birth and death
Kotwal register. By an order dated 30/4/2002 while issuing Rule and
granting interim relief in terms of prayer clause (d), the learned Single
Judge of this Court directed respondent no.4 - Tahsildar to conduct an
enquiry in respect of the said document which is placed at Annexure - 4
at page no.13 of the petition.
3. Reply filed by the State through the respondent no.4 -
Tahsildar, Akola dated 26/7/2002 shows that in compliance of the order
of this Court an enquiry was conducted by the Tahsildar. It is stated in the
reply that the petitioner has placed on record copy of Kotwal register
dated 2/8/1933 issued by the the office of Tahsildar on 17/9/1998. It is
stated in the reply that one employee of the Tahsil office Akola, namely,
Shri Gopal Shrivas a Class-IV employee has prepared the said copy in his
own handwriting and the other employee, namely, Shri R.T. Jaswani the
then record keeper, who was the caretaker of the record and copyist,
signed the document as true copy. It is further submitted that Shri A.V.
Patokar was Naib Tahsildar at the relevant time and his signature appears
on the true copy. It is stated that there is a resemblance of the said
document with the original handwritten copy of Kotwal register, but in
the original record there is no entry as to the social status, namely,
wp1276.02.odt
Chhapparbhand. Thus, in the sum and substance of the reply, the
document placed on record along with the petition styled as copy of
Kotwal-Book registered is not the copy of the original document but by
tampering the original document, the copy is obtained and the same is
placed on record in support of the claim of the petitioner. It is stated in
the reply that the fact of tampering of the document is brought to the
notice of the Collector, Akola for his information and for further necessary
action.
4. We find that the petitioner is making her claim on untrue
document and there is suspicion over the document as to whether the
document is genuine or a tampered one and in such a situation, the party
who is approaching this Court by suppressing the facts is certainly not
entitled for any relief.
5. Considering these facts, in our opinion, the petition is
devoid of any merit. The writ petition is dismissed. Rule stands
discharged. No costs.
JUDGE JUDGE
Wadkar
