Bombay High Court
Tilakraj Ravindra Thakur And ... vs The State Of Maharashtra And ... on 1 December, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
1 1071-WP-12678-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12678 OF 2021
TILAKRAJ RAVINDRA THAKUR AD ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AD ANOTHER
...
Advocate for Petitioners : Mr. Sushant C. Yeramwar
Addl. GP for Respondent Nos 1 and 2 : Mr. P. S. Patil
...
CORAM : S. V. GANGAPURWALA AND
R. N. LADDHA, JJ.
DATE : 01st DECEMBER, 2021
PER COURT :-
The caste claims of the petitioners as "Thakur" are invalidated.
Learned counsel for the petitioners submits that there is not a single contra
entry on record right from the year 1901. In the School record of the
petitioners' great grand-father, thereafter, grand-father, father and uncle,
their caste is recorded as "Thakur". The learned counsel placed reliance on
the judgment of the Honourable Apex Court in the case of Anand Versus
Committee for Scrutiny and Verification of Tribe Claims and others
reported in (2012)1 SCC 113 .
2. Mr. Patil, learned Additional Government Pleader submits that the
petitioners have failed in the affinity test and the Committee has rightly
dismissed the proceedings. The petitioners do not belong from the place
where "Thakur" Scheduled Tribe community resides. He further submits
that the Committee has considered all the aspects of the matter in its
proper perspective.
3. We have considered the submissions. We have gone through the
following documents, on which the petitioners had placed reliance.
2 1071-WP-12678-21.odt
v- nLr,sotkpk nLr,sot /kkjdkps ukao vtZnkj ;ka tkrhph uksan uksan.kh
dza- izdkj P;k"kh ukrs fnukad
1 "kkys; iqjkok frydjkt jfoanz Bkdqj vtZnkj dza-1 fganw Bkdqj 04-05-2009
,l-Vh-
2 "kkys; iqjkok eksghr jfoanz Bkdqj vtZnkj dza-2 fganw Bkdqj 11-06-2003
3 "kkys; iqjkok jfoanz lqdyky Bkdqj oMhy fganw b-ek- 18-07-1972
Bkdqj
4 "kkys; iqjkok dSykl lqdyky Bkdqj dkdk fganw vks-ch-lh- 13-06-1974
Bkdqj
5 "kkys; iqjkok v:.kk lqdyky Bkdqj vkR;k fganw Bkdqj 03-07-1968
6 "kkys; iqjkok HkkLdj nkSyr lq;Zoa"kh pqyr vktksck fganw Bkdqj 04-07-1942
7 "kkys; iqjkok jek nkSyr lq;Zoa"kh pqyr vkth Bkdqj fganw 01-07-1942
8 "kkys; iqjkok xaxk/kj fo'.kw lq;Zoa"kh vktksck fganw Bkdqj 02-08-1937
9 "kkys; iqjkok fo'.kq lqiMw Bkdqj iatksck Bkdqj 15-03-1901
10 "kkys; iqjkok d`".kk cki lqiMq Bkdqj pqyr iatksck Bkdqj 15-03-1901
4. It would appear that right from the year 1901 in the School record
of petitioners' great grand-father, grand-father, father and uncle, the
caste is recorded as "Hindu Thakur". No contra entry exists. The
affinity test is corroborative piece of evidence. In view of the consistent
documentary evidence, as reproduced above, since pre-Constitutional
and pre-presidential notification period recording the caste as "Thakur",
we direct the Committee to issue validity Certificates to the petitioners
of belonging to "Thakur" Scheduled Tribe.
5. Writ Petition is accordingly disposed of. No costs.
( R. N. LADDHA ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
