Allowed

Umesh Govindrao Machkure v. the State of Mah and Ors.

Bombay HC20 Apr 2010WP/2439/2010

Case brief

AI extract

What is this about?

Writ petition challenging rejection of Scheduled Tribe caste certificate application. Court held father's prior certificate was prima-facie evidence, requiring only satisfaction, not detailed inquiry. Impugned orders quashed, directive to issue certificate given.

What did the court decide?

Writ petition allowed; impugned orders quashed; respondent directed to issue caste certificate forthwith.

Umesh Govindrao Machkure Vs the State of Mah and Ors. — Caste Atrocities | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO. 2439 OF 2010

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Umesh S/o Govindrao Machkure,
Age-Minor, Occu. Education,
R/o Sharda Nagar, Degloor,
Tq. Degloor, Dist. Nanded
through natural guardian/father
Shri Govindrao S/o Dnyanoba Machkure,
Age 45 years, Occu. Agri.
R/o as above.

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.. PETITIONER.

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VERSUS

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1) The State of Maharashtra, Through Secretary to Tribal Development Department,Mantralaya, Mumbai.

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2) The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy. Director (R), Aurangabad .

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3) The Sub Divisional Officer, Degloor, Dist. Nanded. RESPONDENTS .

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Shri S.M. Vibhute, Advocate for Petitioner.
Shri K.J.Ghute Patil, A.G.P. for respondent Nos.
1 & 3.

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Shri P.S. Patil, Advocate for respondent No. 2.

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CORAM : P.V. HARDAS
AND
 S.V. GANGAPURWALA, JJ.

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 DATE : 20th April, 2010.

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ORAL JUDGMENT: (Per S.V. GANGAPURWALA,J.)

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1. Rule. Rule returnable forthwith. With
the consent of the learned counsels for the
parties, the petition is taken up for final
hearing at the stage of admission.

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2. The Petitioner vide this petition
under Article 226 of the Constitution of India,
takes exception to the judgment and order dated
17/06/2009 passed by the Sub Divisional Officer,
Degloor, and confirmed by the Scrutiny Committee
in appeal vide its judgment and order dated
22/09/2009, thereby rejecting the application of
the petitioner for issuance of a caste
certificate as belonging to ‘Koli-Mahadev-
Scheduled Tribe’.

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3. The father of the petitioner has been
issued caste certificate as belonging to ‘Koli-

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Mahadev-Scheduled Tribe’. The Sub Divisional

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Officer, Degloor rejected the application of the
petitioner on the ground that, at the time of
census, the caste of the relatives of the
petitioner is recorded as “Koli”. The Sub
Divisional Officer, Degloor ignored the caste
certificate issued in favour of the father of the
petitioner. In our opinion, the fact that, father
of the petitioner has been issued caste
certificate as belonging to ‘Koli-Mahadev-
Scheduled Tribe’, was prima-facie evidence to
issue caste certificate in favour of the
petitioner. The Sub Divisional Officer while
issuing the caste certificate is not expected to
make a detailed inquiry but has to only get
prima-facie satisfied.

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4. Accordingly, the Writ Petition is
allowed. The impugned Judgment and order dated
17/06/2009 passed by the Sub Divisional Officer,
Degloor, and the Judgment and order dated
22/09/2009 passed by the Scrutiny Committee are
hereby quashed and set aside. The Respondent No.
3-Sub Divisional Officer, Degloor is hereby

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directed to issue the caste certificate to the
petitioner as belonging to ‘Koli Mahadev-
Scheduled Tribe’ forthwith.

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5. Rule is thus made absolute in the

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above terms, with no order as to costs.

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 [S.V. GANGAPURWALA, J ] [ P.V. HARDAS, J ]
 SDM* WP2439.10(J)

Umesh Govindrao Machkure v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Umesh Govindrao Machkure v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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