Mr. Mansub Adam Mujawar (Korbu) vs State Of Maharashtra And Ors
2021 Latest Caselaw 4522 Bom

                                                                18.wp.4184.17.doc

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 4184 OF 2017


   Mansub Adam Mujawar (Korbu)                         ...     Petitioner
             Versus
   State of Maharashtra and Ors.                       ...     Respondents
                                       .........


   Mr. Machhindra A. Patil for the Petitioner.
   Ms. P.J. Gavhane, A.G.P. for Respondent-State.
   Ms. Vaidehi Deshmukh a/w Mr. Yashodeep Deshmukh for Respondent
   Nos.4 and 5.
                                     .........


                                    CORAM        :     K.K. TATED &
                                                       R.I. CHAGLA, JJ.

                                    DATE         :     11th MARCH, 2021.

   P.C. :-




   1              Heard learned Counsel for the parties.


   2              By this Petition under Article 226 and 227 of the Constitution

of India, the Petitioner is challenging the judgment and order dated

21.11.2016 passed by Divisional Caste Certificate Scrutiny Committee

No.1, Solapur, rejecting the Petitioner's application.

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                                                                 18.wp.4184.17.doc

   3           During the course of argument on 11.02.2021, the learned

Advocate for the Petitioner made a statement before this Court that they

placed the Caste Validity Certificate dated 13.02.2015 issued by the Caste

Certificate Scrutiny Committee, Pune Division, Committee No.1, Solapur,

in favour of Sarfaraj Innus Mujawar, who is from his paternal side. Same

was not considered by the Committee at the time of passing impugned

order. Hence, this Court by order dated 11.02.2021 directed the learned

A.G.P., who appeared for the State, to make an enquiry and file affidavit

to that effect whether the Petitioner placed on record the said certificate

dated 13.02.2015 or not.

4 The learned A.G.P. for the State submits that they filed the

affidavit dated 24.02.2021 of Santosh Prakash Jadhav, Incharge Member

Secretary, District Caste Certificate Scrutiny Committee, Solapur. She

submits that after verifying entire record of the present matter, they learnt

that the Petitioner has not placed the said certificate on record before

the Committee. She submits that to that effect the deponent made a

statement in para 5 of the affidavit dated 24.02.2021 which reads thus :

"5. I say that, the Petitioner never submitted Caste Validity Certificate dated 07.02.2013 in favour of Sarfraj Hamid Mujawar as also the petitioner never submitted the Caste Validity Certificate dated 13.02.2015 in favour

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18.wp.4184.17.doc

of Sarfaraj Innus Mujawar. It is pertinent to note that the said Validity Certificate is pertaining to Mujawar Caste. I say that the Kasai and Mujawar both Caste are total different."

5 In view of the above mentioned facts, the submission made

by learned Counsel for the Petitioner and averments made in the Petition,

we are satisfied that though the Petitioner made out a case for admission

of the present Petition, there is no question of granting any interim relief

in favour of the Petitioner. Hence, the following order is passed :

                                   i)     Admit.

                                   ii)    No interim relief.

iii) Hearing of the Petition is expedited.

iv) The learned Counsel for the Respondent waives

service.

v) The Respondents are free to take action if they so

desire, according to law.

vi) Registry is directed to place the Writ Petition for final

hearing in weekly board as per its turn in the list of expedited Digitally

Waishali signed by Waishali S. matters.

Waghmare S.

Waghmare Date:

2021.03.15 01:29:45 +0530 ( R.I. CHAGLA, J. ) ( K.K. TATED, J. )

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