Kiran Maruti Londhe vs State Of Maharashtra Through Its ...
2023 Latest Caselaw 2372 Bom

                                                                   31.7391.17-wp.docx



       Digitally
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       signed by
       TRUSHA
TRUSHA TUSHAR                         CIVIL APPELLATE JURISDICTION
TUSHAR MOHITE
MOHITE Date:
       2023.03.15
       11:02:17
       +0530
                                       WRIT PETITION NO. 7391 OF 2017

                    Kiran Maruti Londhe                           ..... Petitioner

                             Vs.

                    The State of Maharashtra & Ors.               ..... Respondents

                                                    WITH
                                     WRIT PETITION (ST) NO.96973 OF 2020


                    Shahaji Ramchandra Londhe                     ..... Petitioner

                             Vs.

                    The State of Maharashtra & Ors.               ..... Respondents


                    Mr.R.K.Mendadkar a/w Ms.Priyanka            Shaw       and          Ms.Jayshri
                    Mendadkar for the Petitioners

                    Ms.R.A.Salunkhe, A.G.P. for the State / Respondent nos.1 to 3


                                            CORAM:     S.V.GANGAPURWALA, ACJ &
                                                       SANDEEP V. MARNE, J.

                                            DATED :    MARCH 13, 2023

                    P.C.

                    1.       Rule.

Rule made returnable forthwith. By consent of the parties,

taken up for final disposal.

2. The caste claim of the Petitioners as belonging to "Thakar"

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                                                 31.7391.17-wp.docx

Scheduled Tribe is invalidated. Aggrieved thereby, the present Writ

Petitions.

3. The learned Counsel for the Petitioners submits that the

School Record of the Petitioner's father, Petitioner's uncle and all

paternal relatives from 1946 records the caste as "Thakar". Only on

the ground that in case of one paternal cousin of the Petitioner

Laxman Abaji Londhe, in the caste column, it is recorded as

'Marathi', the caste claim is invalidated. The learned counsel

submits that real brother of the Petitioner Pravin Londhe, so also,

the son of the real brother of the Petitioner Kshitij Pravin Londhe

are issued with the validity certificate by the Committee itself.

4. One paternal relative of the Petitioner who is the daughter of

Prakash Londhe, is issued with the validity certificate under the

judgment of this court in Writ Petition No.10310 of 2017 dated

05.10.2017 in the case of Aiswarya Prakash Londhe vs. The State of

Maharashtra and Others. The same entries were subject matter of

consideration before this court.

5. The learned counsel relies upon the judgment of the Division

Bench of this court in the case of Apoorva Vinay Nichale vs.

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Divisional Caste Certificate Scrutiny Committee No.1 and others 1.

The learned A.G.P. submits that apart from the contra entry in the

school record of the paternal relative of the Petitioner dating back

to the year 1934, Petitioner has also failed in the affinity test. The

oldest document will have more probative value. The oldest

document in the case of paternal relative of the Petitioner Laxman

Ambaji Londhe records the caste "Marathi". All subsequent entries

of "Thakar" will lose its efficacy.

6. We have considered the submissions canvassed by the learned

Counsel for the parties.

7. Before the Committee, following documents were subject

matter of consideration:

¼v½ 'kkys; uksanh% &

v-dz- fo|kF;kZps ukao [email protected] 'kkGsr nk[ky vtZnkjk'kh fnukad ukrs 1 y{e.k vkckth yksa<s ¼fganq½ Bkdj && pqyrs 2 jkepanz vkckth yksa<s fganq Bkdj && pqyrs 3 ek:rh vkckth yksa<s fganq Bkdj [email protected]@195 ofMy

4 y{e.k vkckth yksa<s fganq Bkdj && pqyrs 5 jkepanz vkckth yksa<s fganq Bkdj && pqyrs 6 y{e.k vkckth yksa<s fganq Bkdj [email protected]@1946 pqyrs 7 ek:rh vkckth yksa<s fganq Bkdj && ofMy 8 Nk;k y{e.k yksa<s fganq Bkdj [email protected]@1963 pqyrcgh.k 9 Hkkmlkgsc jkepanz yksa<s fganq Bkdj [email protected]@1965 pqyrHkkm

1 2010(6) Mh.L.J.401

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¼c½ tUe uksanh% & v-dz- tUerkjh[k uko] ofMykaps o vktksckaps ukao Tkkrhph uksan vtZnkjka'kh ukrs 1 [email protected]@1934 y{e.k vkck ikVyqck yksa<s ejkBh pqyrs

8. It would appear that in the school record of the Petitioner's

uncle Laxman Ambaji Londhe of the year 1946, "Thakar" caste is

recorded. School record of the Petitioner's father of the year 1955

records "Thakar" caste. School record of the uncle of the Petitioner

Ramchandra Ambaji Londhe records the "Thakar" caste. School

record of the Petitioner's real brother, Pravin Maruti Londhe

records the caste as "Thakar". Only birth extract of Laxman Ambaji

Londhe of the year 1934 in the caste column records caste as

"Marathi". "Marathi" is a language and not a caste. The said entry

was subject matter of consideration before this court in the case of

Aishwarya Prakash Londhe (Supra), who is a grand daughter of

Laxman Ambaji Londhe. This Court, under its judgment dated

05.10.2017 in Writ Petition No.10310 of 2017 had considered the

relevancy of the said entry and held that the same denotes the caste.

This court set aside the judgment of the Committee and directed

validity certificate to be issued to Aiswarya Prakash Londhe. The

relationship of the Petitioner with Aishwarya is not disputed. They

are the paternal relatives. So also, the Committee issued validity

certificate in favour of real brother of the Petitioner Pravin Maruti

Londhe and son of real brother of the Petitioner Mr.Kshitij Pravin

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Londhe. Mr. Kshitij Pravin Londhe had also applied for the validity

certificate. The same was invalidated. The said Kshitij Londhe filed

Writ Petition before this court bearing Writ Petition No.15826 of

2022. The Division Bench of this court by the judgment and order

dated 04.01.2023 allowed the said Writ Petition and directed

validity to be issued to him. The said contra entry of "Marathi" was

also subject matter of consideration before this court.

9 The Apex Court in the case of Anand vs. Committee for

Scrutiny and Verification of Tribe Claim & others 2 held that the

affinity test is not the litmus test. In view of the consistent entries of

caste in all the documents since the year 1946 as Thakar, so also,

the validity is issued under the order of this Court in the case of

paternal relatives of the Petitioner, the impugned judgment and

order is quashed and set aside.

10 The Committee shall issue validity certificate to the Petitioner

of "Thakar" Scheduled Tribe, immediately.

11       Rule is made absolute accordingly.




2    (2012) 1 SCC 113

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12       Both the Writ Petitions stand disposed of. No costs.




(SANDEEP V. MARNE, J)                      (ACTING CHIEF JUSTICE)




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