Bombay High Court
Shubham Hari Hiwale vs The State Of Maharashtra And ... on 9 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 974-WP-1019-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
974 WRIT PETITION NO. 1019 OF 2022
SHUBHAM HARI HIWALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Pratap V. Jadhavar
Addl. GP for Respondent Nos. 1 and 2 : Mr. P.S. Patil
Advocate for Respondent No. 3 : Mr. M.D. Narwadkar
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 9th FEBRUARY, 2022
PER COURT :-
1. The tribe claim of the petitioner as belonging to 'Koli Malhar'
Scheduled Tribe is invalidated.
2. The learned counsel for the petitioner submits that father of the
petitioner, namely, Hari Hiwale is issued with validity certificate of 'Koli
Malhar' Scheduled Tribe and paternal uncle of the petitioner, namely,
Bhikan S/o Pandurang is also issued with validity certificate as 'Koli
Malhar' Scheduled Tribe, after conducting vigilance. Another paternal
uncle of the petitioner, namely, Laxman Pandurang is also issued with
validity certificate of 'Koli Malhar' scheduled tribe. All the documents
which the Committee has found to be interpolated and relied by the
petitioner in the present matter, were the subject matter for
consideration in cases of father and paternal uncles of the petitioner.
The vigilance did not find any interpolation when report is submitted by
the Vigilance Cell Officer in the cases of father and uncles of the
petitioner. Old mortgage deed of the year 1937 is placed on record
along with its translation. In the vigilance report, the record in respect of
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the grandfather of the petitioner shows the caste as 'Koli Malhar',
therefore, according to learned Advocate, the petitioner deserves to be
granted validity. The learned counsel for petitioner relies on the
judgment of the Division Bench of this Court in the case of Apoorva d/o
Vinay Nichale Versus Divisional Caste Certificate Scrutiny Committee
and others reported in 2010 (6) Mh.L.J. 401.
3. The learned AGP submits that the Vigilance Cell has coloured
photo copies of the record of paternal relatives of the petitioner, namely,
father, paternal Aunt and paternal uncle. In the school record of these
paternal relatives, the entry is either 'Magas' or 'Koli', subsequently the
said entries are interpolated as 'Koli Malhar'. The same can be viewed
from the Photo copies collected during the vigilance, which were placed
on record. In the said documents, there appears to be interpolation. The
mortgage deed, which is relied on in the case of the father of the
petitioner is not produced by the petitioner. The father of the petitioner
gave statement that he does not know where is the original and how he
could get the photo copy of the same.
4. We have considered the submissions. We have also gone through
the vigilance report in cases of the father of the petitioner and paternal
uncle of the petitioner Bhikan. The entries in the present vigilance
report found to be interpolated, were also subject matter for
consideration in the earlier proceedings while granting validities to the
paternal relatives. The vigilance report in the cases of uncle of the
petitioner and father of the petitioner do not observe the entries are
interpolated. There are two vigilance reports. The same are contrary to
each other.
5. The photocopies which are placed on record in the present matter
depict some kind of interpolation, but it does not show at what point of
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time the same were interpolated, however, the fact remains that when
vigilance was conducted in the cases of the uncle and father of the
petitioner, the Vigilance did not find interpolation and found entries to
be 'Koli Malhar'.
6. Considering the above and relying upon the judgment of the
Division Bench of this Court in the case of Apoorva (Supra), we pass the
following order.
ORDER
(i) The Committee shall issue the validity certificate to
the petitioner of 'Koli Malhar', Scheduled Tribe.
(ii) The said validity shall be subject to the decision that
would be taken by the Committee in the proceedings
reopened of the validity holders relied by the
petitioner.
7. Writ Petition is accordingly disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
