Allowed

Sachin S/O Lahuji Wakade v. State of Maharashtra, through Its Principal Secretary, Tribal Development Dept. Mumbai and Others

Bombay HC5 Oct 2018WP/3906/2018

Case brief

AI extract

What is this about?

This Bench quashed and set aside identical orders passed by the Scrutiny Committee in five writ petitions wherein the committee invalidated the petitioners' claims as Mana/Mane Scheduled Tribe castes. The Court held that since no such castes independently existed and mere reliance on surnames was insufficient, the committee orders were invalid and must be quashed forthwith.

What did the court decide?

Impugned orders passed by the Scrutiny Committee dated 25.04.2018, 13.04.2018, 26.03.2018, 12.07.2018, and 06.07.2018 were quashed; petitioners were directed to give validity forthwith.

Sachin S/O Lahuji Wakade Vs State of Maharashtra, through… — Caste Atrocities | Bombay HC (2018)

Order

0510wp3906.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO. 3906/2018.

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Sachin Lahuji Wakade - VERSUS- State of Maharashtra and others.

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WRIT PETITION NO. 3907/2018.

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Pranali Wamandrao Nannaware - VERSUS- State of Maharashtra and others. WRIT PETITION NO. 3908/2018.

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Hemant madhav Nannaware - VERSUS- State of Maharashtra and others.

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WRIT PETITION NO. 1806/2018.

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Pushpa Motiram Chaukhe - VERSUS- The Chairman/Member Secretary and others. WRIT PETITION NO. 4600/2018.

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Balkrushna Dinkar Sonwane - VERSUS- The Scheduled Tribe Caste and others. WRIT PETITION NO. 4601/2018.

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Sunil Parshuram Bagade - VERSUS- The Scheduled Tribe Caste and others

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Office notes, Office Memoranda of

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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P. DHARMADHIKARI & M. G. GIRATKAR, JJ.

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DATE : OCTOBER 05, 2018.

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Heard Shri P.P. Dhok, Shri A. Deshpande and Ms. P. Rane, learned counsel for petitioners, Ms. K.R. Deshpande, learned A.G.P. for the respondentsState and Scrutiny Committee and Shri S.A. Marathe and Shri Anil Kumar, learned counsel for private respondents.

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In all the orders passed by the Scrutiny Committee, invalidating the caste claim of petitioners as Mana, Scheduled Tribe, only reason recoded is existence of 'Mana Kunbi, Mane Kunbi' and the

Order

0510wp3906.18

availability of surnames on which petitioners have placed reliance in those communities.

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In case of petitioners, no document in which caste is recorded as either 'Mana Kunbi or Mane Kunbi' has been discovered.

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Identical orders passed by the very same Committee at Gadchiroli are looked into by this Court in Writ Petition No. 5171/2018 and connected matters on 13.08.2018.

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This Bench then has noticed that the caste recorded as Mane, Mani, Mana Kunbi, Mane Kunbi or Kunbi and found in paragraph no.13 of that judgment & that the Committee could not observe that any such caste independently existed.

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In present matters, also said finding holds good. Accordingly, we quash and set aside the impugned orders dated 25.04.2018, 13.04.2018, 26.03.2018, 12.07.2018, 06.07.2018 respectively in above petitions.

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Because of reasons recorded in judgment delivered by this Bench [supra], we direct the respondent Scrutiny Committee to give validity to respective petitioners forthwith.

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Writ Petitions are accordingly allowed and disposed of. No cost.

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JUDGE JUDGE

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Rgd.

Sachin S/O Lahuji Wakade v. State of Maharashtra, through Its Principal Secretary, Tribal Development Dept. Mumbai and Others

Case brief

What is this about?

What did the court decide?

Sachin S/O Lahuji Wakade v. State of Maharashtra, through Its Principal Secretary, Tribal Development Dept. Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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