Prakash S/O Sopan Pawar vs The State Of Maharashtra , Dept. Of ...
2023 Latest Caselaw 2380 Bom

                                                                   46.1394.23-wp.docx


         Digitally
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
         signed by
         BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:
         2023.03.15
         13:15:03
         +0530

                                       WRIT PETITION NO. 1394 OF 2023

                      Prakash Sopan Pawar                           ..... Petitioner

                            Vs.

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


                      Mr. Sushant C. Yeramwar for the Petitioner
                      Mr. P. P. Kakade, GP a/w. Mrs. R. A. Salunkhe, AGP for the State


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

DATED : MARCH 13, 2023

PC : (PER : ACTING CHIEF JUSTICE)

1. Rule.

Rule is made returnable forthwith.

By consent of the parties, the matter is taken up for final

disposal.

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

Scheduled Tribe is invalidated.

3. The learned Counsel for the Petitioner submits that the

daughter of the Petitioner viz. Aparna Prakash Pawar is issued with

the validity certificate of "Thakar", Scheduled Tribe. The learned

Counsel further submits that in case of the Petitioner's paternal

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cousins viz. Anand Ravindra Pawar and Avdhoot Pramod Pawar,

their claims were invalidated by the Committee. They filed Writ

Petition bearing No.7852 of 2019 and 1785 of 2020, respectively,

and the said Writ Petitions are allowed by this Court and directions

were given to grant validity certificate. The learned Counsel submits

that the caste claim of the real brother of the Petitioner viz. Arun

Sopan Pawar was also invalidated by the Committee. He filed Writ

Petition No.2122 of 1989. The Division Bench of this Court allowed

the Writ Petition under order dated 30th October 1996. The said

judgment was challenged by the State of Maharashtra by filing an

SLP before the Apex Court. The Apex Court dismissed the SLP. The

learned Counsel submits that invalidation of the caste claim of some

of the paternal relatives of the Petitioner were also subject matter

before the Committee while granting validity certificate to the

daughter of the Petitioner viz. Aparna. The Committee has, in the

impugned order, wrongly observed that the caste claim of the

daughter of the Petitioner viz. Aparna has been invalidated. Same

was not invalidated.

4. The learned AGP, on instructions, accepts that the caste claim

of Aparna was not invalidated and the said observation is made by

mistake in the order of the Committee.

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                                              46.1394.23-wp.docx

5. It is not disputed that the caste claim of the Petitioner's

brother Arun was invalidated by the Committee and he had filed

Writ Petition bearing No.2122 of 1989 before this Court. This Court,

under order dated 30th October 1996 allowed the said Writ Petition

directing the Committee to issue validity certificate to Arun. The

said judgment is also confirmed by the Apex Court in the SLP filed by

the State. It is also not disputed that the daughter of the Petitioner

viz. Aparna has been issued with the validity certificate of "Thakar",

Scheduled Tribe. There are further validity certificates issued in

favour of the paternal relatives of the Petitioner. Some of the

paternal claims have been invalidated. Some were considered by the

vigilance while granting validity certificate to the daughter of the

Petitioner, Aparna. An oldest document appears to be of the year

1985 recording the caste "Thakar".

6. Considering the validity issued to the daughter of the

Petitioner, Aparna and the real brothers of the Petitioner under the

orders of this Court and confirmed by the Apex Court and also the

fact that majority of the old documents of the Petitioner's paternal

relatives of the Petitioner record the caste "Thakar" and also relying

upon the judgment of the Division Bench of this Court in the case of

Apoorva Vinay Nichale Vs. Divisional Caste Certificate

Scrutiny Committee No.1 and Ors. 2010 (6) Mh.L.J. 401 , we set

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aside the judgment of the Committee and direct the Committee to

issue validity certificate to the Petitioner of "Thakar", Scheduled

Tribe.

7. Rule is accordingly made absolute. Necessary consequences

shall follow.

8. The Writ Petition stands disposed of. No costs.

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




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