Bombay High Court
Ananya D/O Mohan Khare Minor, ... vs The State Of Maharashtra, Through ... on 24 January, 2018
Bench: Vasanti A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.7817/2017
PETITIONER : Apurva d/o. Sunil Khare,
Aged about 17 years, Occ. Student.
through her natural guardian father
Shri Sunil s/o Pralhad Khare, Aged about 46 years,
Occupation : Service, R/o. E-1, Everest Block No.715,
Kalyan (West), Mumbai.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Karanja, Distt. Washim.
WITH
WRIT PETITION NO.3662/2017
PETITIONERS : 1. Om s/o Kishor Pawar
aged about 13 yrs., Occ. Student.
2. Yash s/o Kishor Pawar
Aged about 09 yrs., Occ. Student.
Both r/o Bhatkuli, Distt. Amravati.
Petitioners No.1 & 2 being minors represented
by their natural guardian father Shri Kishor
Rameshchandra Pawar.
...VERSUS...
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RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Tiwsa Bhatkuli, Distt. Amravati.
WITH
WRIT PETITION NO.3666/2017
PETITIONERS : 1. Ramrao s/o Uttam More
Aged about 35 yrs., Occ. Labour.
2. Gayatri d/o Ramrao More
Aged about 8 yrs., Occ. Student.
3. Sarthak s/o Ramrao More
Aged about 6 yrs., Occ. Student.
All r/o Ansing, Tah. & Distt. Washim.
[Petitioners No.2 & 3 being minor through
natural guardian father i.e. petitioner No.1]
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Karanja, Distt. Washim.
WITH
WRIT PETITION NO.3734/2017
PETITIONERS : 1. Shubham s/o Jagdish More
Aged about 13 yrs., (minor)
Occ. Student.
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2. Shrikant s/o Jagdish More
Aged aboaut 11 yrs., (minor)
Occ. Student.
Both R/o Wakad, Tah. Risod, Distt. Washim.
Petitioners No.1 & 2 being minors
represented by their natural guardian father
Shri Jagdish Vitthal More.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Washim, Distt. Washim.
WITH
WRIT PETITION NO.3736/2017
PETITIONERS : 1. Ganesh s/o Ramdas Bansod
Aged about 40 yrs., Occ. Service.
2. Pooja d/o Ganesh Bansod
Aged about 17 yrs., Occ. Student.
3. Gopal s/o Suresh Bansod
Aged about 12 yrs., Occ. Student.
All r/o At -Post-Chikhli (Sarnaik),
Tah. Risod, Distt. Washim.
Petitioners No.2 & 3 being minors
represented by their natural guardian
father/uncle Shri Ganesh Ramdas Bansod
(petitioner No.1)
wp7817.17.odt
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Washim, Distt. Washim.
WITH
WRIT PETITION NO.4416/2017
PETITIONER : Ku. Radhika D/o Suresh Kharat
Aged about 21 years, Occ. Student,
R/o Appaswami Nagar, Risod, Tah.
Risod, Distt. Washim.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Welfare Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Washim, Distt. Washim.
WITH
WRIT PETITION NO.7818/2017
PETITIONERS: 1. Ananya d/o Mohan Khare
Aged about 04 ys., Occ. Student.
2. Rushikesh s/o Mohan Khare
Aged about 14 yrs., Occ. Student.
Petitioner No.1 & 2 being minor through
guardian father Shri Mohan s/o Pralhad
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Khare Aged about 43 yrs. Occ. Labour,
R/o Malipura, Kholapuri Gate, Amravati,
Distt. Amravati.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Karanja, Distt. Washim.
WITH
WRIT PETITION NO.7819/2017
PETITIONER: Swara D/o Ravindra Khare
Aged about 05 yrs., Occ. Student,
being minor through natural guardian father
Shri Ravindra s/o Pralhad Khare
Aged about 37 yrs., Occ. Labour,
R/o Madipura, Kholapuri Gate, Amravati,
Distt. Amravati.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Karanja, Distt. Washim.
wp7817.17.odt
WITH
WRIT PETITION NO.7820/2017
PETITIONERS: 1. Ram s/o Deepak Khare
Aged about 09 yrs., Occ. Student.
2. Aditi s/o Deepak Khare
Aged about 02 yrs., Occ. Student.
Petitioner Nos.1 & 2 being minor through
guardian father Shri Deepak s/o Pralhad Khare
Aged about 40 yrs., Occ. Service,
R/o Ekvira Vidyut Colony, Akoli Road,
Sainagar, Amravati, Distt. Amravati.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
Mantralaya, Mumbai-32.
2. The Sub-Divisional Officer,
Karanja, Distt. Washim.
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Ms Preeti D. Rane, Counsel for petitioners in all petitions
Shri K.L. Dharmadhikari, AGP for respondents in W.P. Nos.7817/17 & 7819/17
Mrs. K.S. Joshi, Addl. G.P. for respondents in W.P. Nos.3662/17 & 7820/17
Shri A.S. Fulzele, Addl. G.P. for respondents in W.P. No.3666/17
Shri A.M. Joshi, AGP for respondents in W.P. No.3734/17
Ms Shamsi Haider, AGP for respondents in W.P. No.3736/17
Shri S.S. Doifode, AGP for respondents in W.P. No.4416/17
Shri B.M. Lonare, AGP for respondents in W.P. No.7818/17
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 24/01/2018
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ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Since the issue involved in these writ petitions is identical
and similar orders passed by the Competent Authority - Sub Divisional
Officers rejecting the caste claim of the petitioners are challenged therein,
they are heard together and are decided by this common judgment.
Rule. Rule made returnable forthwith. The writ petitions are
heard finally with the consent of the learned Counsel for the parties.
By these writ petitions, the petitioners challenge the order of
the Sub Division Officers, refusing to issue a caste certificate in favour of
the petitioners and invalidating their claim of belonging to Thakur
Scheduled Tribe.
The learned Counsel for the petitioners states that the issue
involved in these petitions was also involved in Writ Petition
Nos.663/2014, 5481/2014, 5710/2014 and 4938/2015 and this Court
has, by the orders dated 26/3/2014, 14/11/2014 and 25/8/2015
respectively, allowed the said writ petitions and similar orders passed by
the Sub Divisional Officers were quashed and set aside. It is stated that
after quashing the said orders this Court had directed the Sub Divisional
Officers to issue the caste certificates in favour of the petitioners in the
said writ petitions. The learned Counsel seeks similar orders in these writ
petitions, on parity.
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The learned Additional Government Pleaders and the
Assistant Government Pleaders appearing on behalf of the respondents do
not dispute the statements made on behalf of the petitioners. It is fairly
admitted that in almost similar set of facts this Court has partly allowed
the writ petitions and has quashed the similar orders passed by the Sub
Divisional Officers. It is stated that an appropriate order could be passed
in these writ petitions also.
Hence, for the reasons aforesaid and for the reasons
recorded in the order dated 26/3/2014 in Writ Petition No.663/2014
these writ petitions are partly allowed. The impugned orders are quashed
and set aside. The Sub Divisional Officers/Competent Authority are
directed to issue a caste certificate in favour of the petitioners within three
weeks so that the petitioners could submit the same to the respective
Scrutiny Committees for verification.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
