The High Court rejected the writ petition challenging a caste certificate issued to the petitioner's daughter-in-law's brother abroad, holding he lacked locus standi following Ayaaubkhan. The petition was dismissed without substance; a deposit was forfeited, and the accompanying civil application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP 9994/14 with CA 10811/14
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9994/2014
WITH
CIVILAPPLICATION NO.10811/2014
Rajaram Nago Chavan.
...Petitioner..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Shri M.S. Sonawane, Advocate for petitioner.
S/Shri P.S.Koshti and Jadhav, Advocates h/f Shri B.R.
Waramaa, Advocate for applicant in CA 10811/14.
Shri M.B. Bharaswadkar, AGP for respondent nos.1 & 3.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 05.08.2016
ORDER :
1]The petitioner is praying for issuance of directions
to the scrutiny committee to take decision on the
complaint forwarded by him on 21.5.2013 in respect of the
caste validity certificate allegedly issued to the
brother of his daughter-in-law namely Kushal Dinkar
Badgujar, who is presently taking education in South
WP 9994/14 with CA 10811/14
- 2 -
Korea.
2] In view of the judgment delivered by the Supreme Court in the matter of Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & others reported at (2013) 4 SCC
465 , the petitioner cannot be said to be a person interested and as such has no locus standi to challenge the certificate issued to the brother of his daughter-inlaw, who is not in India.
3]The petition is devoid of substance and hence stands
rejected. The amount of Rs.50,000/- deposited by the
petitioner shall stand forfeited and the same be
transferred to the account of the High Court Bar
Association Library at Aurangabad. Civil Application
No.10811/2014 stands disposed of.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/ c581637.doc
3 issues framed by the court
Whether the petitioner has locus standi to challenge a caste validity certificate issued to his daughter-in-law's brother who is absent from India.
Whether Writ Petition 9994/2014 requires any directions or remedy.
Whether Civil Application 10811/2014 imposes any deposit forfeiture or requires disposition.
Colour shows how this judgement treated each authority
Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & othersReferred¶25
Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & others (2013) 4 SCC 465 · Who else cites this
Rajaram Nago Chavan
State of Maharashtra
R.M. BORDE
K.L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court