Prathamesh Maruti Sabale vs The State Of Maharashtra And ...
2021 Latest Caselaw 1040 Bom

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                                                           W.P. No.8894-2020

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 8894 OF 2020

Prathamesh s/o Maruti Sabale                                      ..Petitioner

        Versus

The State of Maharashtra and ors.                                 ..Respondents

Mr D.D. Choudhari, Advocate for petitioner
Mr P.S. Patil, Addl. G.P. for respondents no.1 and 2
Mr S.G. Karlekar, Advocate for respondent no.3


                                  CORAM : S.V. GANGAPURWALA AND
                                         SHRIKANT D. KULKARNI, JJ.

DATE : 15th January 2021

PER COURT :

1. The caste claim of the petitioner as Koli Mahadev - Scheduled Tribe is

invalidated.

2. Mr Choudhari, learned Advocate for the petitioner submits that the

father of the petitioner and two real uncles of the petitioner are issued with

the validity certificates of Koli Mahadev - Scheduled Tribe.

3. The pre-independence document of grandfather of the petitioner of

the year 1948 records caste as Hindu Mahadev Koli. The vigilance has also

confirmed the same.

4. According to learned A.G.P., show cause notices are issued to the

validity holders relied upon by the petitioner.

5. Learned Advocate for the petitioner relied upon the judgment of this

Court in case of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate

Scrutiny Committee No.1 and others, reported in 2010 (6) Mh.L.J. 401.

W.P. No.8894-2020

6. The learned A.G.P. submits that the other close relatives of the petitioner

namely Pramila, daughter of Govind had also applied for the validity certificate.

Her claim is invalidated. Learned A.G.P. submits that the petitioner failed in the

affinity test. There is contrary evidence on record.

7. It is a matter of record that the father of the petitioner and two real uncles

of the petitioner are issued with the validity certificates of Koli Mahadev -

Scheduled Tribe. The relationship of the petitioner with Pramila cannot be

conclusively established. The Division Bench of this Court in case of Apoorva

Nichale Vs. Divisional Caste Certificate Committee (supra), has held that the

validity in favour of the paternal relatives is a relevant fact.

8. The show cause notices are issued to the validity holders relied by the

petitioner.

9. In light of that, the impugned order is quashed and set aside. The

Scrutiny Committee shall issue validity certificate to the petitioner as Koli

Mahadev -Scheduled Tribe immediately.

10. The said validity certificate would be subject to the decision that would

be taken by the Committee in the proceedings re-opened of the validity

holders relied by the petitioner.

11. Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.)

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