Bombay High Court
Raju S/O Dnyaneshwar Thakare And Others vs The State Of Maharashtra, Thr. The ... on 25 November, 2025
Author: M. S. Jawalkar
Bench: M. S. Jawalkar
2025:BHC-NAG:12875-DB
1 935-wp-6647-25j.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 6647 OF 2025
1. Raju S/o. Dnyaneshwar Thakare,
Age 52 years, Occ. Service
2. Prasad S/o. Raju Thakare,
Age 21 years, Occ. Student
3. Shivanad Raju S/o. Dnyaneshwar Thakare,
Age 17 years, Occ. Student
Though his father
Raju S/o. Dnyaneshwar Thakare,
Address At Post Sayat,
Taluka Bhatukali, District Amravati. . . . PETITIONERS
// V E R S U S //
1. The State of Maharashtra through
the Secretary, Tribal Development
Department, Mantralaya, Mumbai-32.
2. Scheduled Tribe Certificate Scrutiny
Committee, Amravati Division, Amravati
Sana Building, Chaprashipura, Camp,
Amravati-444606.
3. Sub-Divisional Officer/Sub-Divisional
Tivsa- Bhatukali Camp, Amravati. . . . RESPONDENTS
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Ms. Varsha Suryawanshi, Advocate for petitioners (through VC).
Ms. Prachi Joshi, AGP for respondents/State.
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CORAM :- SMT. M. S. JAWALKAR &
M. W. CHANDWANI, JJ.
DATED :- 25.11.2025
ORAL JUDGMENT (PER: M. W. CHANDWANI, J.):-
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Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsels for the parties.
3. The petition seeks quashing of the order dated 21.07.2023
passed by respondent no. 3- Sub-Divisional Officer (SDO), Tivsa-
Bhatukali rejecting the application of the petitioners for issuance of
caste certificate in their names showing their caste as 'Koli Mahadev'
(Scheduled Tribe) mainly on the ground that the petitioners failed to
submit documents prior to the year 1950 and failed to show the caste of
their paternal relatives as 'Koli Mahadev'. The petition also challenges
the order dated 29.12.2023 passed by the respondent no. 2- Scheduled
Tribe Caste Certificate Scrutiny Committee, Amravati (for short, "the
Committee") rejecting the appeal filed by the petitioners and confirming
the order passed by the SDO.
4. The petitioners have tendered various documents post
1950 belonging to them as well as their forefathers showing their caste
as 'Koli Mahadev' (Scheduled Tribe). The petitioners also relied on the
decision of this Court at Principal Bench in the case of Apeksha Sopan
Mane Vs. State of Maharashtra and others (Writ Petition no.
3 935-wp-6647-25j.odt
16538/2024, decided on 18.03.2025) wherein, in para no. 6, it has
been observed as under:-
"6. There cannot be a thumb rule, that only if documents
prior to independence are produced, then only Caste/Tribe
Certificate is to be granted. It is trite law that at the time of
issuance of Tribe/Caste Certificate, the Authorities are required
to take a prima facie view. Grant of Tribe Certificate is subject to
detailed inquiry as is engrafted in the Maharashtra Scheduled
Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis),
Nomadic Tribes, Other Backward Classes And special backward
Category (Regulation Of Issuance And Verification Of) Caste
Certificate Act, 2000 (for short 'the said Act") and the law laid
down by the Hon'ble Supreme Court in Maharashtra Adiwasi
Thakur Jamat Swarakshan Samiti vs. the State of Maharashtra
and others (AIR 2023 SC 1657)."
5. Reliance has also been placed on another decision of this
Court at Principal Bench in the case Rohit Uttam Mane Vs. State of
Maharashtra and others (Writ Petition No. 14646/2024, decided on
22.10.2024) wherein, it has been observed in para nos. 5 and 6 as
under:-
"5. It is a settled law that while granting a Tribe Certificate, it
should be assessed as to whether some of the paternal relatives
of the claimant have been granted the Tribe Certificate. In the
present case, in paragraph no.5 of the impugned order dated
23/02/2024, issued by the Competent Committee, the
relationship of the Petitioner with Sayaji Kundalik Mane and
Vijay Ganapat Mane, has not been denied or contradicted. The
reason for refusal of the Tribe Certificate is unsustainable. These
two persons have been granted the Tribe Certificate, which
would be subject to the inquiry by the Caste Validity Committee,
as and when such a claim is put forth.
6. Needless to say, if the Petitioner is to be granted the said
Tribe Certificate, the same would also be subject to the detailed
inquiry as is engrafted in the Maharashtra Scheduled Castes,
Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes And Special Backward Category
(Regulation Of Issuance And Verification Of) Caste Certificate
Act, 2000 (for short "the said Act")"
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6. The learned AGP fairly conceded that the matter is covered
by these two judgments and therefore, we are of the considered opinion
that the petition can be allowed. Hence, we proceed to pass the
following order:-
i) The petition is allowed.
ii) The order dated 21.07.2023 passed by respondent no. 3-
Sub-Divisional Officer, Tivsa, Bhatukali and the order dated 29.12.2023
passed by the respondent no. 2- Committee are quashed and set aside.
iii) Respondent no. 3 is directed to issue the caste certificate of
'Koli Mahadev' (Scheduled Tribe) to the petitioners on or before
28.11.2025. Needless to state that, if the petitioners proceed to seek
validity certificates on the basis of such Caste Certificate, all contentions
are kept open and the Committee would verify the claim on it's own
merits in terms of the provisions of law.
iv) Rule is made absolute in the abovesaid terms.
7. The learned AGP to intimate the order of this Court
immediately to respondent nos. 2 and 3.
(M. W. CHANDWANI, J.) (SMT. M. S. JAWALKAR, J.)
RR by:
Signed Jaiswal
Mr. Rajnesh Jaiswal
Designation: PA To Honourable Judge
Date: 25/11/2025 18:33:18
