Bombay High Court
Shivleela Sakharam Boyane vs The State Of Maharashtra And ... on 9 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
980 WRIT PETITION NO. 1098 OF 2022
SHIVLEELA SAKHARAM BOYANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Omgashad B. Boinwad
AGP for Respondent Nos. 1 & 2 : Mr. S.K. Tambe
Advocate for Respondent No. 3 : Mr. M.D. Narwadkar
...
WITH
CIVIL APPLICATION NO. 1469 OF 2022
IN
WRIT PETITION NO. 1098 OF 2022
PARMESHWAR BHAGWAN KHOKLE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for applicant : Mr. S.N. Lale Yelwatkar
AGP for Respondent Nos. 1 & 2 : Mr. S.K. Tambe
Advocate for Respondent No. 3 : Mr. M.D. Narwadkar
Advocate for Respondent No. 4 : Mr. Omgashad B. Boinwad
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 9th FEBRUARY, 2022
PER COURT :-
1. The tribe claim of the petitioner as 'Koli Mahadev' Scheduled Tribe
is invalidated.
2. The learned counsel for the petitioner submits that paternal
relative of the petitioner, namely, Somnath Boyane is issued with validity
certificate. The contra entries, which the Committee considered in the
present matter and the same are found to be interpolated, were the
subject-matter of consideration, when the validity was issued to
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Somnath. When vigilance was conducted in that case, the Committee
did not find those entries to be interpolated. After the vigilance, the
validity was issued to Somnath. The learned counsel submits that
vigilance has drawn genealogy, in which it is clear that Somnath is son
of the real uncle of the petitioner' father. The learned counsel 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 submits that there are interpolation in the school
record of father and uncle of the petitioner. The vigilance has found
interpolation. The Committee has considered the said aspect. In
addition, the petitioner has failed in the affinity test also.
4. It appears from the genealogy drawn by the Vigilance that
Somnath to whom the validity certificate is issued, is the son of real
uncle of the petitioner's father. The Committee has found entries of
caste recorded in the school record of Somnath, Gangaram, Ramdas and
Rangnath to be interpolated. However, the vigilance was conducted in
respect of these documents in the case of Somnath. There are two
vigilance reports, which are contrary to each other. The show cause
notice has been issued to Somnath.
5. Considering the judgment in the case of Apoorva (supra) and the
entries which Committee considered to be interpolated, were also
subject matter for consideration when validity was issued to Somnath,
we pass the following order.
ORDER
(i) The Committee shall issue the validity certificate to
the petitioner of 'Koli Mahadev, Scheduled Tribe.
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(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.
7. In view of disposal of writ petition, the Civil Application stands
disposed of.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
