Mahendra Prakashchandra Sapkale ... vs The Scheduled Tribe Certificate ...
2021 Latest Caselaw 16189 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                        997 WRIT PETITION NO.8656 OF 2021

       MAHENDRA PRAKASHCHANDRA SAPKALE AND ANOTHER
                                   VERSUS
      THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE
                        NANDURBAR AND ANOTHER
                                      ...
    Advocate for Petitioners : Mr. M.S. Deshmukh h/f. Mr. B.S. Deshmukh
                AGP for Respondents 1 & 2 : Mr. S.K. Tambe
                                      ...

                                   CORAM : S.V. GANGAPURWALA &
                                           R.N. LADDHA, JJ.

DATED : 23/11/2021.

PER COURT :

. The caste claim of the petitioner as belonging to 'Tokare

Koli' Scheduled Tribe is invalidated.

2. Mr. M.S. Deshmukh, learned advocate for the petitioners

submits that the petitioners have relied upon the validity issued to

paternal uncle of the petitioners Devidas. The Committee has

discarded the same on the ground that Devidas obtained validity on

the basis of validity issued to one Devram. According to the

Committee, Devidas is not related to Devram as they belonged to

different villages. The learned counsel submits that the petitioners

have placed on record documents suggesting the relationship of

WP No.8656/21

Devidas with Devram and also that in the same village agricultural

lands of both also exist. The petitioners did not get an opportunity to

place on record these things before the Committee. It is only in the

judgment the petitioners could get the knowledge on the basis of

which the Committee has invalidated the claim. The learned counsel

submits that the contra entries relied by the petitioners are also subject

matter of contentions.

3. The learned AGP submits that there are pre-constitutional

documents showing the entry of 'Koli' and not as 'Tokare Koli'.

Relationship of the Devidas with Devram is not established. The

Committee has considered all the aspects.

4. The petitioners have placed on record certain documents

to suggest that the relationship from the paternal side exists of the

validity holder Devidas and Devram. Considering that the matter

involves social status of the petitioner, we are inclined to grant one

more opportunity to the petitioners.

5. In view of that, the impugned order is quashed and set

aside. The parties are relegated before the Committee. The petitioner

WP No.8656/21

shall appear before the Committee on 9th December, 2021 and file

additional documents on which the petitioners place reliance.

6. The Committee shall consider the said documents and

decide the matter afresh preferably within four weeks from the date of

appearance. The writ petition is disposed of. No costs.

  [ R.N. LADDHA, J. ]                  [S.V. GANGAPURWALA, J.]



ssc/