Bombay High Court
Latabai Maharu Koli Alias Latabai ... vs The State Of Maharasthra And And ... on 1 March, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
1 46-WP-3909-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
46 WRIT PETITION NO.3909 OF 2021
LATABAI MAHARU KOLI ALIAS LATABAI CHANDRAKANT
SONAWANE
VERSUS
THE STATE OF MAHARASTHRA AND AND ANOTHER
...
Advocate for Petitioners : Mr. R. N. Dhorde (Senior Counsel) i/b
Mr. B. R. Waramaa
GP for Respondents/State: Mr. D. R. Kale
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 1st March, 2021
P.C. :
. The petitioner seeks transfer of his validation proceeding
from the Committee at Nandurbar to any other Committee in
Maharashtra.
2. Mr. Dhorde, the learned senior counsel for the petitioner
submits that the petitioner has filed an application for transfer of the
proceedings, after having noticed that the petitioner would not get
justice from the Committee at Nandurbar. The learned senior counsel
submits that the petitioner was constrained to file the application for
transfer as the respondent - Committee was not acting judiciously.
The Committee was not passing the orders on the application given
by the petitioners. The Full Bench of this Court, in a case of Rajendra
2 46-WP-3909-2021.odt
Shivram Thakur Vs. State of Maharashtra and others reported in
2019(4) Mh.L.J. 721, has held that if the caste certificate is obtained
by an authority without jurisdiction, the same is null and void and the
Committee cannot decide the validation proceedings on the basis of
the said certificate which was ignored by the Committee and the
Committee went on to invalidate the claim of the petitioner on the
basis of the certificate issued by the authority without jurisdiction.
The petitioner had to approach this Court. This Court set aside the
said judgment and remitted the matter back to the Committee for
deciding it afresh. In all other cases, the Committee on their own
directs the party before it to obtain the certificate from the competent
authority but in case of the petitioner, the exception was made. The
respondent-Committee is hastily proceeding with the matter. The
Committee at Nandurbar is not functioning independently. The
complainant's relatives are the Minister and MLA and upon their
directions, the Committee functions. The Nandurbar Committee is
constituted pursuant to the directions of the then Minister Mr. Vijay
Gavit and one Minister, namely, Mr. Valvi is the brother-in-law of Mr.
Vijay Gavit. The said Valvi is a complainant. The investigation is also
not made properly. The documentary evidence of the petitioner is not
investigated and inquired into and only the evidence is sought to be
collected as is pointed out by the complainant.
3 46-WP-3909-2021.odt
3. We have heard the learned A.G.P.
4. The transfer of the matter cannot be ipse dixit. The
application is filed merely on apprehension.
5. We do not find any personal allegations made against the
members of the Committee or that they have ever indulged in acts of
malfeasance, misfeasance or nonfeasance. The petitioner has legal
options open. As far as deciding the matter on the basis of the
certificate issued by an authority without jurisdiction is concerned,
the same does not subsist. This Court has set aside the judgment of
the Committee and remitted the matter back. As far as collection of
evidence is concerned, the petitioner has an opportunity as per the
statute to put-forth her case. We do not find any such allegations
necessitating transfer of the matter.
6. The Court would not transfer the matter as a matter of
course. In light of that, Writ Petition is dismissed. No costs.
(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)
Sameer
