Bombay High Court
Prasad Jagdish Chavan Through Guardian ... vs The State Of Maharashtra Through Its ... on 8 August, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
2024:BHC-AUG:17693-DB
1 wp 8021.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8021 OF 2024
Prasad Jagdish Chavan through
Guardian Jagdish Dhoman Chavan .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
Shri Chandrakant R. Thorat, Advocate for the Petitioner.
Shri S. P. Joshi, A.G.P. for the Respondent Nos. 1 and 2.
CORAM : MANGESH S. PATIL AND
SHAILESH P. BRAHME, JJ.
DATE : 08 AUGUST, 2024.
FINAL ORDER (Per Shailesh P. Brahme, J.) :-
. Heard both the sides finally considering urgency in the
matter.
2 Petitioner takes exception to the judgment and order dated
25.07.2024 passed by the respondent No. 2/Scrutiny Committee
confiscating and invalidating tribe certificate of the petitioner as
belonging to 'Thakur' Scheduled Tribe. He relies on validity
certificate of Ritesh and old entries of Lotan Rupsing Thakur,
Popat Gaba Chavan, Dhoman Gaba Thakur, Shantilal Lotan
Rupla, which are of pre-independence period.
3. Per contra, learned Assistant Government Pleader
supports impugned judgment and order by pointing out that it
was suppressed that tribe certificate of Deepak Kashinath
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Chavan was invalidated. There was pre-constitutional contrary
entry of Dhoman Gaba Thakur of 1954 and old entry of
Kashinath Lotanrao Chavan and Eknath Lotanrao Chavan. Due
to suppression of material facts, Committee has issued show
cause notice to validity holder Ritesh. It is contended that, this
is not a fit case to grant any relief to the petitioner on the ground
of parity.
4. We have considered submissions of the parties. The
relationship of the petitioner with the validity holder Ritesh is
not disputed. It is also not disputed that Deepak suffered order
of invalidation, who is also related to the petitioner. But
invalidation does not operate as res-judicata. For objective
scrutiny the material before the Committee is likely to be
different. Therefore, petitioner cannot be denied the social status
on the ground of invalidation of Deepak.
5. It reveals from the record that following pre-constitutional
record having greater probative value was before the Committee
and would corroborate tribe claim :
Sr. Name of Person Caste Date
No.
1. Lotan Rupsing Thakur Hindu Thakur 03.10.1907
2. Potat Gaba Chavan Hindu Thakur 07.11.1926
3. Dhoman Gaba Thakur Hindu Thakur 04.05.1936
4. Shantilal Lotan Rupla Thakur 14.09.1938
5. Dhoman Gaba Thakur Thakur 07.06.1944
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6. Though, learned A. G. P. has shown contrary entry of
Kashinath and Eknath of 1950, the entries favourable to the
petitioner are prior in point of time. When self same record has
already been scrutinized in case of validity holder Ritesh, it
would not be appropriate to deprive the petitioner from same
social status.
7. The petitioner is ready to run the risk of facing
consequences as contemplated in the matter of Shweta Balaji
Isankar Vs. The State of Maharashtra and others
judgment dated 27 July 2018 in W. P. No. 5611 of 2018.
Though show cause notice has been issued to the validity holder,
reverification is not likely to be concluded within short time. The
petitioner is entitled to receive validity subject to outcome of
reverification. In view of above, we pass following order :
ORDER
a. The writ petition is partly allowed.
b. Impugned order dated 25.07.2024 passed by the respondent
No. 2/Scrutiny Committee is quashed and set aside.
c. The respondent No. 2/Scrutiny Committee shall
immediately issue certificate of validity to the petitioner of
'Thakur' (Scheduled Tribe) in prescribed proforma G without
incorporating any conditions.
d. Certificate of validity would be subject to the outcome of
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reverification undertaken by the Committee of the validity
holder.
e. Petitioner shall not be entitled to claim equities.
[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]
bsb/Aug. 24
