Bombay High Court
Unmesh Yoganand Gandhale And ... vs The State Of Maharashtra And ... on 16 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
(1) 1048-wp-1197-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1197 OF 2022
UNMESH YOGANAND GANDHALE AND ANOTHER ..PETITIONERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. S. M. Vibhute, Advocate for the Petitioners.
Mr. S. K. Tambe, AGP for Respondents-State.
Mr. M. D. Narwadkar, Advocate for Respondent No.3.
...
WITH
CIVIL APPLICATION NO.971 OF 2022
IN WP/1197/2022
ORGANIZATION FOR RIGHTS OF TRIBLE THROUGH ITS PRESENT
MAROTI PUNDLIK DHANVE ..APPLICANT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
...
Mr. Joslyn Menzes h/f Mr. S. N. Lale Yelwatkar,
Advocate for the Applicant.
Mr. S. M. Vibhute, Advocate for Petitioner in WP.
Mr. S. K. Tambe, AGP for Respondents-State.
Mr. M. D. Narwadkar, Advocate for Respondent No.3
in WP.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 16th FEBRUARY, 2022.
PER COURT:-
1. The tribe claim of petitioners as
belonging to 'Koli Mahadev', Scheduled Tribe is
invalidated.
2. The learned counsel for petitioners
submits that, father of petitioners is issued with
the validity certificate of 'Koli Mahadev',
Scheduled Tribe after conducting vigilance. The
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(2) 1048-wp-1197-2022
oldest record in the name of paternal cousin
grandfather namely Uddhav Ganpat Gandhale of the
year 1959 was verified by the Committee and the
vigilance while issuing validity to the father of
the petitioner. The vigilance did not find any
interpolation in the same. Now in the present
case, the vigilance takes a contradictory stand.
According to the learned counsel, the uncle and the
three paternal cousins of petitioners are issued
with the validity certificates of 'Koli Mahadev',
Scheduled Tribe. In the revenue record Kachari is
not recorded as caste. The same appears in front
of name of petitioners. The learned counsel relies
on the judgment of the Division Bench of this Court
in a case of Apoorva Nichale Vs. Divisional Caste
Scrutiny Committee reported in (2010) 6 Mh.L.J.
401.
3. The learned A.G.P. submits that, in the
present case vigilance minutely considered the
documents of the Uddhav Ganpat Gandhale and came to
the conclusion that, the same appears to be
interpolated. The revenue record of great
grandfather and cousin grandfathers of petitioners
record caste as Kachari. The contra entries are
writ large. The show cause notices are issued to
the validity holders relied by petitioners.
4. It appears that, entry of the year 1959 in
the school record of Uddhav Ganpat Gandhale is
oldest entry. While issuing validity to the father
of petitioners vigilance was conducted. The said
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(3) 1048-wp-1197-2022
entry was subject matter of scrutiny. The
vigilance submitted the report and did not find any
interpolation. In the present case, the report of
the vigilance is that, the said entry appears to be
interpolated. There are two contrary vigilance
report in respect of the same entry. As per
petitioners, in the revenue record Kachari is not
recorded as caste, but it is just recorded in the
place of surname.
5. Considering the oldest entry of Uddhav
Ganpat Gandhale of the year 1959, so also the other
entries in the school record, we pass the following
order:
ORDER
A. The Committee shall issue validity certificate
to petitioners of 'Koli Mahadev', Scheduled Tribe.
B. The said validity certificate shall be subject
to the decision that may be taken by the Committee
in the proceedings reopened of the validity holders
relied by petitioners.
6. Writ Petition is disposed of. No costs.
7. In view of disposal of Writ Petition, the
present Civil Application is also disposed of.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/February-2022
