Shlok S/O Reena Nagrale Thr. ... vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 873 Bom

                                           1                            wp4490.22.J.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR

                      WRIT PETITION NO.4490 OF 2022

        Shlok s/o Reena Nagrale
        Aged 13 years, Occu: Student
        Minor hence through his natural
        Guardian mother Reena Ganesh
        Nagrale
        Aged 39 years, Occu: Service,
        R/o C/o Ganesh Nagrale,
        Darban Society, Samta Nagar,
        Bhadrawati, Tah. Bhadrawati,
        Dist. Chandrapur.                                   ....... PETITIONER

                                  ...V E R S U S...

1.      The State of Maharashtra, through its
        Secretary, Social Justice and Special
        Assistant Department, Mantralaya,
        Mumbai.

2.       The State of Maharashtra through its
         Sub-Divisional Officer, Warora,
         Dist. Chandrapur.                                   ....... RESPONDENTS
--------------------------------------------------------------------------------------------
         Mr. A. A. Dhawas, Advocate for Petitioner.
         Mr. M. K. Pathan, AGP for Respondents 1 & 2/State.
--------------------------------------------------------------------------------------------

CORAM:           ROHIT B. DEO AND G. A. SANAP, JJ.

DATE:            25th JANUARY, 2023.



ORAL JUDGMENT:                    (PER ROHIT B. DEO, J.)

Heard Mr. A. A. Dhawas, the learned counsel for the

petitioner and Mr. M. K. Pathan, the learned Assistant Government 2 wp4490.22.J.odt

Pleader for the respondents 1 and 2/State.

2. The grievance in the petition is that the respondent 2

- Sub-Divisional Officer refused to issue caste certificate in the

name of the single parent (mother). Reliance is placed, inter alia

on the decision of the Hon'ble Apex Court in Rameshbhai Dabhai

Naika v. State of Gujarat and others (2012) 3 SCC 400.

3. We have perused the affidavit in response dated

15.12.2022 filed by the Sub-Divisional Officer. Paragraph 7 of the

affidavit may be extracted thus:

7. The answering respondent humbly submits that from the record submitted in the present petition which shows that the Petitioner's mother Reena Nagrale belongs to the 'Mahar' community and the Petitioner's father Bhimsen Sadhu Pazare is also belongs to 'Mahar' caste which is recognized as Scheduled Caste Category and therefore the answering respondent is ready to consider the question of issuing caste certificate to the Petitioner as the father of the Petitioner is also from the 'Mahar' Scheduled Caste Category. The answering respondent is therefore ready to verify the original record if the same is also submitted with the answering respondent by the Petitioner after making necessary fresh enquiry as required.

3 wp4490.22.J.odt

4. In view of the fair response of the Sub-Divisional

Officer, we allow the petition and quash the order impugned dated

14.02.2022 passed by respondent 2 - Sub-Divisional Officer,

Warora and remit the matter to the said authority for passing fresh

order in accordance with law, and in view of the stand in the

affidavit in response referred to supra.

5. We expect the respondent 2 to pass a fresh order after

hearing the petitioner as expeditiously as possible and in any event

within thirty days from the date of appearance of the petitioner.

The petitioner shall appear before the respondent 2 -

Sub-Divisional Officer, Warora on 30.01.2023.

6. The petition is partly allowed.

                                      (G. A. SANAP, J.)                        (ROHIT B. DEO, J.)


                      NSN




Digitally Signed ByNITIN
SHIVNARAYAN NIKHARE
Signing Date:27.01.2023 19:11