Bombay High Court
Manav Bharat Bagul Through Bharat ... vs The State Of Maharashtra Through ... on 12 January, 2021
Bench: S.C. Gupte, Surendra Pandharinath Tavade
1.WP.10533&10534.2018 aw IA.3827.2020.doc
Digitally
Aarti signed by
Aarti G.
Palkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. Date:
2021.01.13
Palkar 14:46:40
+0530 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10533 OF 2018
Kum. Minal Bharat Bagul ...Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents
ALONG WITH
WRIT PETITION NO.10534 OF 2018
Kum. Manav Bharat Bagul ...Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents
ALONG WITH
INTERIM APPLICATION NO.3827 OF 2020
IN
WRIT PETITION NO.10534 OF 2018
Manav Bharat Bagul ...Applicant
vs.
The State of Maharashtra & Ors. ...Respondents
Mr. R.K. Mendadkar for the Petitioners/Applicant.
Mr. V.M. Mali, AGP for Respondent Nos.1 to 3.
Mr. Aadesh Sawant for Respondent No.5.
CORAM : S.C. GUPTE AND
SURENDRA P. TAVADE, JJ.
DATE : 12 JANUARY 2021
P.C. :
1. These writ petitions challenge an order passed by the Scheduled
Tribe Certificate Scrutiny Committee, Nandurbar Division.
Aarti Palkar 1/3
1.WP.10533&10534.2018 aw IA.3827.2020.doc
2. At the hearing of the petition, learned AGP, relying upon a
judgment delivered by Full Bench of this Court in the case of Rajendra
S/o Shivram Thakur Vs. State of Maharashtra & Ors.1, which lays
down that candidate desirous of seeking caste certificate would have to
apply to competent authority having jurisdiction over the area or place to
which he/she or his/her father or grandfather originally belongs or was/is
an ordinary resident or native of that place and that caste certificate
issued by any other authority shall be invalid. It is submitted that in the
present case, the original residence of the tribe including the Petitioners'
family is in village Dabhadi, Tal.Malegaon, District Nashik, and therefore,
the Sub-Divisional Ofcer, Bhusawal Division, Bhusawal, Dist. Jalgaon
had no authority to issue such caste certificate.
3. Upon this judgment being pointed out, learned Counsel for the
Petitioners seeks leave to withdraw the petitions with liberty to apply to
the authorities at Nashik for issuance of a caste certificate for the
Petitioners. If and when such applications are made, the authorities shall
decide the same in accordance with law and in keeping with the time limit
provided in the applicable rules.
4. The writ petitions are disposed of in the above terms.
5. The claim shall be decided on its own merits and uninfuenced by
the impugned order passed in this case, which is challenged in the
1 2019 SCC OnLine Bom 1194
Aarti Palkar 2/3
1.WP.10533&10534.2018 aw IA.3827.2020.doc
present petition.
6. In view of the disposal of the writ petitions, the Interim Application
No.3827 of 2020 in Writ Petition No.10534 of 2018 do not survive and
the same is disposed of accordingly.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)
Aarti Palkar 3/3
