Vrushali Sadashiv Helekar vs The State Of Maharashtra Dept Of ...
2023 Latest Caselaw 2501 Bom

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BASAVRAJ                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA                                 CIVIL APPELLATE JURISDICTION
PATIL
Digitally signed by
BASAVRAJ GURAPPA                       WRIT PETITION NO. 1391 OF 2023
PATIL
Date: 2023.03.16
11:35:42 +0530
                      Vrushali d/o. Sadashiv Helekar                  ..... Petitioner

                            Vs.

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


                      Mr. Sushant Yeramwar for the Petitioner
                      Mr. P. P. Kakade, GP a/w. Mrs. Nisha M. Mehra, AGP for the State


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

DATED : MARCH 15, 2023

JUDGMENT : (PER : ACTING CHIEF JUSTICE)

1. Rule.

Rule is made returnable forthwith.

By consent of the parties, taken up for final disposal.

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

invalidated.

3. Mr.Yeramwar, the learned Counsel for the Petitioner submits

that there is not a single contra entry. The entry of caste recorded

in the school record of father of the Petitioner of the year 1954

recorded as "Thakar" (Magas) is considered to be contra entry.

According to the learned Counsel, earlier, under the State

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Government Notification "Thakar" caste was notified as Nomadic

Tribe. In light of that father of the of the Petitioner was issued with

caste certificate in the year 1985 as "Thakar", Nomadic Tribe.

4. The learned AGP submits that "Magas" is contra entry. The

learned AGP further submits that the father of the Petitioner had got

the caste certificate as "Thakar", Nomadic Tribe, so also the

agricultural land possessed by the family of the Petitioner does not

record that the said land is a tribal land as contemplated under

Section 36 of the Maharashtra Land Revenue Code.

5. We have considered the submissions.

6. It appears that the State Government had issued Notification

categorizing the persons from Ratnagiri as "Thakar", Nomadic Tribe.

However, the same was quashed and set aside by this Court in the

case of Pandurang Rangnath Chavan Vs. State of Maharashtra

& Ors. (1998) 2 Mh.L.J. 806 .

7. Following documents are relied by the Petitioner and the same

are found to be genuine in the vigilance.

Sr. Name of students Admissio      Relation       Caste     Date of
No.                   n No.        with the     registered admission
                                   applicant
1    Swati Sadashiv       1907     Applicant      Thakar           5/7/1991
     Helekar                         No.2
2    Vrishali Sadashiv    1932     Applicant      Thakar       28/10/1991
     Helekar                         No.1

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3     Rupali Sadashiv      2069       Sister         Thakar          17/6/1993
      Helekar
4     Sadashiv Vishram     57/2       Father         Thakar          3/5/1956
      Garud
5     Sadashiv Vishram    209/1       Father         Thakar          3/5/1956
      Garud                                           Maga.
6     Sadashiv Vishram    170/1       Father         Thakar          10/5/1954
      (Helekar) Garud                                 Magas
7     Shankar Vishram      49/1       Uncle          Thakar          2/12/1946
      Garud
8     Sumati Vishram      138/2       Aunt           Thakar          2/5/1960
      Garud

8. Right from 1946 all the documents i.e. the school record of the

Petitioner's father and uncle records caste as "Thakar". In view of

the consistent documentary evidence on record, the Petitioner has

proved his claim of "Thakar".

9. In light of that, the impugned judgment is quashed and set

aside.

10. The Committee shall issue validity certificate to the Petitioner

of "Thakar", Scheduled Tribe, within 15 days.

11. Rule is accordingly made absolute.

12. The Writ Petition is disposed of. No costs.

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




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