Remanded

Akash Shivaji Ghate and Ors. v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Bombay HC1 Mar 2018WP/7378/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay quashed the rejection order of the petitioners' caste claim as Mahadev Koli-Scheduled Tribe. Remanded the matter to the Castes Scrutiny Committee for fresh disposal by considering the sister's valid caste certificate within four months.

What did the court decide?

Order quashed and set aside; matter remanded to Respondent No.2-Caste Scrutiny Committee for fresh disposal within four months.

Akash Shivaji Ghate and Ors. Vs State of… — Pension and Retirement Benefits | Bombay HC (2018)

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906 wp 7378.12.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7378 OF 2012

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Mr. Akash Shivaji Ghate and anr. versus

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The State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya and 2 ors.

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…..Petitioners

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…..Respondents

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Mr. R. K. Mendadkar along with Mr. T. V. Jadhav, advocates for the petitioners.

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Mrs. M. P. Thakur, AGP for the State.

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CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

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DATE : 1^st MARCH, 2018.

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P. C. :

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Heard Mr. Mendadkar, learned counsel for the petitioners

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and Mrs.Thakur, AGP for the State.

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The petitioners, by this petition filed under Article 226 of the Constitution of India, are challenging the order of the respondent No.2-Caste Scrutiny Committee dated 31^st January, 2012, whereby the claim of the petitioners that they belong to Mahadev Koli -Scheduled Tribe has been rejected.

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Mr. Mendadkar, learned counsel for the petitioners,

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heavily relied upon the caste validity certificate of the petitioners' sister -Reshma. He submitted that Reshma's caste claim as belonging to

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Shubhada S Kadam 1/3

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906 wp 7378.12.doc

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Mahadev Koli- Scheduled Tribe was validated by the respondent No.2 by a speaking order dated 20^th April, 2005. He submitted that in the light of this certificate, the caste claim of the petitioners that they belong to Mahadev Koli – Scheduled Tribe could not have been rejected by the respondent No.2-Committee.

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Pursuant to the earlier order dated 24^th January, 2018, the learned AGP has produced original record regarding the caste validity certificate of the petitioners' sister – Reshma. We have gone through the record. The record reveals that the petitioners' sister – Reshma was issued validity certificate that she belonged to Mahadev Koli- Scheduled Tribe. The said certificate was issued on the basis of the document of the year 1922 and after calling for the vigilance report. The file contains the original document of the year 1922 which is in Urdu as well as Marathi translation thereof. The said document is between Abdul Saheb Shaikh and Dhondiba Appa Ghate. By this document, Abdul Saheb Shaikh had given the agricultural land to Dhondiba Appa Ghate for a period of one year for cultivation purpose. It is not disputed that Dhondiba Appa Ghate is paternal great grandfather of the said Reshma as well as the present petitioners. On the basis of this document, the petitioners' sister - Reshma's caste claim was validated by the respondent No.2-Caste Scrutiny Committee.

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Shubhada S Kadam 2/3

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906 wp 7378.12.doc

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In the light of the above, in our considered view, the impugned order cannot be sustained and the same is quashed and setaside and the matter is remanded back to the respondent No.2-Caste Scrutiny Committee for fresh disposal. The respondent No.2-Caste Scrutiny Committee shall take into consideration the caste validity certificate of the petitioners' sister- Reshma while deciding the petitioners' caste claim and decide the same as expeditiously as possible and preferably within a period of four months from the date of receipt of this order.

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6. The writ petition stands disposed of.

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[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]

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Shubhada S Kadam 3/3

Akash Shivaji Ghate and Ors. v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Akash Shivaji Ghate and Ors. v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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