Ramhari S/O Baburao Chauhan And ... vs The State Of Maharashtra, Thr. ...
2018 Latest Caselaw 900 Bom

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

                               WRIT PETITION NO.3657/2017

     PETITIONERS :             1.  Rahul s/o Sampat Kharat
                                    Aged about 26 yrs. Occ. Agriculturist. 

                               2.  Kailash s/o Sampat Kharat 
                                    Aged about 17 yrs., Occ. Student. 

                                    Both R/o Chikhali, Tah. Risod, Distt. Wadhim. 

                                    R.No.2 through Natural Guardian father 
                                    Shri Sampat Kharat.       

                                      ...VERSUS...

     RESPONDENTS :   1.    The State of Maharashtra,

Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary, The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.3658/2017

PETITIONERS : 1. Rupali D/o Gangadhar Thakur Aged about 18 yrs., Occ. Student.

2. Vishal s/o Gangadhar Thakur Aged about 25 yrs., Occ. Student.

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3. Vaishali D/o Gangadhar Thakur Aged about 21 yrs., Occ. Student.

All R/o Vivekanand Nagar, Tah. Lona Distt. Buldhana.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary, The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim Distt. Washim.

WITH

WRIT PETITION NO.3659/2017

PETITIONERS : 1. Rahul s/o Prabhakar Shinde Aged about 23 yrs., Occ. Student.

2. Nikita D/o Prabhakar Shinde Aged about 19 yrs., Occ. Student.

Both R/o Chinchambapen, Tah. Risod, Dist. Washim.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

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2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.3660/2017

PETITIONERS : 1. Gaurav s/o Gajanan Shinde Aged about 21 yrs., Occ. Student.

2. Bhushan s/o Gajanan Shinde Aged about 17 yrs., Occ. Student, through natural guardian father Shri Gajajan Shinde.

Both R/o Chinchambapen, Tah. Risod, Distt. Washim.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

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WRIT PETITION NO.3661/2017

PETITIONERS : 1. Dnyaneshwar s/o Subhash Shinde Aged about 21 yrs. Occ. Student.

2. Ashwini d/o Subhash Shinde Aged about 25 yrs., Occ. Student.

Both R/o Chinchambapen, Tah. Risod, Distt. Washim.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.3663/2017

PETITIONERS : 1. Rushikesh s/o Suresh Kharat Aged about 17 yrs., Occ. Student.

2. Akshay s/o Ashok Kharat Aged about 17 yrs., Occ. Student.

Both r/o Risod, Tah. Risod, Distt. Washim.

Petitioner No.1 being minor represented by his natural guardian father Shri Suresh Natthuji Kharat.

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Petitioner No.2 being minor represented by his natural guardian uncle Shri Suresh Natthuji Kharat.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.3664/2017

PETITIONERS: 1. Ramhari s/o Baburao Chauhan Aged about 47 yrs., Occ. Service.

2. Shubham s/o Ramhari Chauhan Aged about 16 yrs., Occ. Student.

3. Neha d/o Ramhari Chauhan Aged about 14 yrs., Occ. Student.

All r/o Tondgaon, Tah. Washim, Distt. Washim.

Petitioners No.2 & 3 being minors are represented through petitioner No.1 who is natural guardian father.

...VERSUS...

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RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.3665/2017

PETITIONERS: 1. Anuradha D/o Dashrath Shinde Aged about 22 yrs., Occ. Student.

2. Rupesh s/o Dashrath Shinde Aged about 18 yrs., Occ. Student.

3. Yogesh s/o Dashrath Shinde Aged about 16 yrs., Occ. Student.

4. Vivekanand s/o Bhagwan Shinde Aged about 15 yrs., Occ. Student.

All R/o Chinchambapen, Tah. Risod, Distt. Washim.

Petitioner No.3 being minor represented by his natural guardian father Shri Dashrath s/o Shridhar Shinde.

Petitioner No.4 being minor represented by his natural guardian father Shri Bhagwan Shinde.

...VERSUS...

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RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

2. The Chairman/Member-Secretary The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati.

3. The Sub-Divisional Officer, Washim, Distt. Washim.

WITH

WRIT PETITION NO.4033/2017

PETITIONER: Ganesh s/o Shridhar More Aged about 26 years, Occ. Student, R/o At-Post-Wakad, Tah. Risod, Distt. Washim.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, Through its Secretary, Tribal Welfare Department, Mantralaya, Mumbai-32.

2. The Scheduled Tribe Caste Certificate Scrutiny Committee, Irwin Chowk, Amravati, Through its Chairman/Member Secretary.

3. The Sub-Divisional Officer, Washim, 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.3657/17 & 3665/17 Mrs. K.S. Joshi, Addl. G.P. for respondents in W.P. Nos.3658/17 & 4033/17 Shri A.S. Fulzele, Addl. G.P. for respondents in W.P. No.3659/17 Shri A.M. Joshi, AGP for respondents in W.P. No.3660/17 Ms Shamsi Haider, AGP for respondents in W.P. No.3661/17 Shri S.S. Doifode, AGP for respondents in W.P. No.3663/17 Shri B.M. Lonare, AGP for respondents in W.P. No.3664/17

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CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ.

DATE : 24/01/2018

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 and the orders of the

Caste Scrutiny Committees upholding the orders of the Sub Divisional

Officers 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 petitioners also challenge the orders of the Caste

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Scrutiny Committee upholding the orders of the Sub Divisional Officers.

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.

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

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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