Bombay High Court
Dipali Bandurao Waghmare Through ... vs The State Of Maharashtra And ... on 9 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 986-WP-1983-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
986 WRIT PETITION NO. 1983 OF 2022
DIPALI BANDURAO WAGHMARE THROUGH POWER OF ATTORNEY
HOLDER BANDURAO LAXMAN WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Sunil M. Vibhute
AGP for Respondent No. 1 and 2 : Mr. S.K. Tambe
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 Mahadev'
Scheduled Tribe is invalidated.
2. The learned counsel for petitioner submits that five paternal
relatives of the petitioner are issued with validity certificates of 'Koli
Mahadev' Scheduled Tribe. One Rameshwar S/o Walmik is issued with
validity certificate under order of this Court dated 11-09-1995, in writ
petition No. 3109 of 1993. So also, Madhukar S/o Lahu, Sudhakar S/o
Lahu, Mahesh S/o Machindra and Mahananda d/o Tukaram Waghmare
are issued with the validity certificates of 'Koli Mahadev'. Relationship
of the petitioner with these paternal relatives is not disputed. The
learned counsel for petitioner submits that the entries, which the
Committee considered to be interpolated, were the subject matter for
consideration in proceedings of other paternal relatives, to whom the
validity certificates were issued. The learned counsel submits that
revenue record relied upon by the Committee does not record the caste
as 'Koli'. The same is Surname. In support of his argument Mr. Vibhute,
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2 986-WP-1983-22.odt
learned counsel for petitioner relied upon the judgment 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 for respondents submits that revenue entries
record caste as "Koli". The school record of the petitioner's father and
uncle is interpolated and the word 'Mahadeo Koli' is inserted
subsequently. The petitioner has failed in the affinity test.
4. We have considered the submissions. Relationship of the
petitioner with validity holders as referred above, is not disputed by the
learned AGP. They are paternal relatives of the petitioner. The validity
is issued to one Rameshwar s/o Walmik under order of this Court dated
11-09-1995 in writ petition No. 3109 of 1993. The entries, which the
Committee considered to be interpolated, were also the subject matter
when paternal relatives were issued with validity certificates. The
vigilance in those cases did not find entry to be interpolated. Show cause
notices are issued to the validity holders relied by the petitioners.
5. In light of the above, we pass the following order.
ORDER
(i) The Committee shall issue the validity certificate to
the petitioner of 'Koli Mahadev', 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.
6. Writ Petition is accordingly disposed of. No costs.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
