Bombay High Court
Payal Bhagchand Bhokan vs The State Of Maharashtra And ... on 8 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
966 WRIT PETITION NO. 8492 OF 2020
WITH
CIVIL APPLICATION STAMP NO. 936 OF 2021
PAYAL BHAGCHAND BHOKAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. Anandsingh S. Bayas
AGP for Respondents/State: Mr. P. K. Lakhotiya
...
CORAM: S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 08th JANUARY, 2021
PER COURT:
1. The tribe claim of the petitioner as Naikda,
Scheduled Tribe is invalidated.
2. Mr. Bayas, learned Counsel for the petitioner
submits that the petitioner has placed on record
old document i.e. Pahanipatrak of 1357 fasli of
the great grandfather of the petitioner namely
Amruta Kalu Naikda wherein the caste is recorded
as Naikda. The learned Counsel submits that the
paternal cousin of the petitioner namely Hirasing
S/o. Ramsing has been issued with the validity
certificate of Naikda, Scheduled Tribe. The
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another paternal relative of the petitioner
Thansing S/o. Fulsing is issued with the validity
certificate of Naikda, Scheduled Tribe. The
another paternal relative namely Vikas S/o.
Mansing is issued with the validity certificate of
Naikda, Scheduled Tribe. The learned Counsel
submits that the school record of the Ramsing S/o.
Fulsing records the caste as Naikda. So also, in
case of Thansing S/o. Fulsing the school record
shows caste recorded as Naikda. The school record
of the grandfather of the petitioner namely
Tekchand records caste as Naikda. The said
document is of the year-1954. The learned Counsel
submits that the committee relied upon the record
of some persons who are not related to the
petitioner. The full names of those persons are
not stated.
3. Mr. Lakhotiya, the learned A.G.P. submits
that in fact the school record of the petitioner's
grandfather and his paternal relatives are
manipulated. The genealogy shown by the petitioner
and that shown by Hirasing does not match.
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According to the learned A.G.P., the petitioner
has failed in the affinity test. The cousin great
grandfather of the petitioner namely Ganpat Tilya
has recorded his caste as Chambhar Wanjari in
Kotwar Book, same is the position of another
cousin grandfather namely Devchand Govardhan and
Ganya Tilya. The Committee has considered all
aspects and thereafter has rightly rejected the
caste claim of the petitioner.
4. We have considered the submissions canvassed
by the learned Counsel for respective parties.
5. The petitioner has denied the relationship
with Ganpat Tilya, Devchand Govardhan and Ganya
Tilya. We do not find any document to establish
the relationship of the petitioner with these
persons. It is referred to by the committee that
the school record of the petitioner's paternal
relative namely Ramsing, Tekchand, Bansi, Tahnsing
and Mansing are manipulated, so also, the school
record of the petitioner and his paternal aunt.
The committee came to the conclusion that the
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record is manipulated on the ground that the entry
of caste is recorded in a different ink.
6. The doubt was created regarding relationship
of the petitioner with the validity holders namely
Hirasing, Indrajit and Vikas.
7. Mr. Bayas, the learned Counsel submits that
the petitioner had submitted the affidavit of
Hirasing S/o. Ramsing online but the same has
been ignored by the committee and not referred to
in the judgment.
8. Mr. Bayas, the learned Counsel for the
petitioner has placed today the affidavit of
Hirasing S/o. Ramsing Bhokan. Said Hirasing S/o.
Ramsing Bhokan is identified by Mr. Bayas, the
learned Counsel. In the said affidavit, he has
affirmed his relationship with the petitioner.
9. It is further submitted that show cause
notices are issued to those validity holders
relied by the petitioner.
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10. The record issued by the Tahsildar office is
also produced by the petitioner before this Court
the same appears to be Jamabandi Book issued by
the Tahsildar, Bhokardan. We direct the Tahsildar,
Bhokardan to make an enquriy regarding the
genuineness of the same. It appears that the same
is issued under the Right to Information Act.
11. In light of the above, we pass the following
order.
12. The impugned judgment is quashed and set
aside.
13. The Committee shall issue validity
certificate to the petitioner of Naikda, Scheduled
Tribe immediately.
14. The said validity certificate shall 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.
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15. Writ Petition is accordingly disposed of. No
costs.
16. In view of disposal of the writ petition, the
civil application is also disposed of.
[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]
marathe
