Chandrakant Laxman Kamthe vs Sub-Divisional Officer, Pune Div. And ...
2024 Latest Caselaw 23672 Bom

Bombay High Court

Chandrakant Laxman Kamthe vs Sub-Divisional Officer, Pune Div. And ... on 12 August, 2024

Bench: Nitin Jamdar, M. M. Sathaye

2024:BHC-AS:32402-DB


                                                                                                   36 WP-11988-2019.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                                    WRIT PETITION NO. 11988 OF 2019

                              Chandrakant Laxman Kamthe                                  .. Petitioner
                                   Vs.
                              Sub-Divisional Officer,
                              Pune Division, Pune and Ors.                               .. Respondents
                                                                     ***
                              Ms. J.A Sarkhot, with Mr. Ganesh Narula i/by Ms. Megha Kulkarni,
                              for the Petitioner.
                              Mr. S.B. Kalel, AGP for the Respondents-State.
                                                                     ***

           Digitally signed
           by
           HUSENBASHA
HUSENBASHA RAHAMAN
RAHAMAN    NADAF
                                                                               CORAM: NITIN JAMDAR &
NADAF
           Date:
           2024.08.13
           18:17:46 +0530
                                                                                      M.M. SATHAYE, JJ.

DATE : 12 AUGUST 2024 P.C.:

. The Petitioner had applied for caste certificate as belonging to Kunbi (Other Backward Class) to the Sub Divisional Officer Haveli, Sub Division Pune who refused the same by order dated 28 August 2015. Thereafter, the Petitioner filed an appeal to the Divisional Caste Certificate Scrutiny Committee, Pune, which was rejected by the impugned order dated 16 November 2016.

2. Our attention is drawn to the Judgment and order dated 6 August 2024 passed by this Court in the case of Smt. Sampada Prashant Hiray V. The State of Maharashtra and Anr .1 which refers to the Notification issued by the State Government on 27 July 2024 duly constituting an Appellate Authority by issuing Notification

36 WP-11988-2019.doc

under Section 5(1) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The decision also refers to the absence of any notification before the same.

3. That being the position, in light of the decision rendered in the case of Smt. Sampada Prashant Hiray (supra) the order dated 16 November 2016 passed by the Divisional Caste Certificate Scrutiny Committee, Pune is set aside.

4. The Petitioner is permitted to file an appeal to the concerned Additional Collector as per the Notification dated 27 July 2024. The Appeal, if filed, be disposed of within a period of two months from its institution subject to earlier time bound commitments. The appeal be decided on its own merits. As as regards additional documents which the Petitioner intended to file in this petition, it is open to the Petitioner to submit the same before the Appellate Authority.

5. Writ petition is accordingly disposed of in above terms.

  ( M.M. SATHAYE, J.)                        ( NITIN JAMDAR, J.)