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Shubham Ashok Bodhankar v. the State of Maharashtra and Others

Bombay HC8 Feb 2022WP/566/2022

Case brief

AI extract

What is this about?

This writ petition challenged the invalidation of the petitioner's scheduled tribe certificate. The High Court ordered the committee to reissue the certificate, subject to the disposal of parallel proceedings against other validity holders cited in the application.

What did the court decide?

The Caste Certificate Committee shall issue a validity certificate to the Petitioner as Mannervarlu, Scheduled Tribe. Such certificate is subject to the decision in proceedings re-opened against other

Shubham Ashok Bodhankar Vs the State of Maharashtra and Others — Caste Atrocities | Bombay HC (2022)

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1 wp 566.2022

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.566 OF 2022

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WITH

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CIVIL APPLICATION NO.1282 OF 2022

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SHUBHAM ASHOK BODHANKAR

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner: Mr. S. M. Vibhute
AGP for Respondents No. 1&2: Mr. S. K. Tabme
Advocate for Respondent No. 3: Mr. M. D. Narwadkar

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CORAM:S. V. GANGAPURWALA &
S. G. DIGE,JJ.
DATE:08th FEBRUARY, 2022

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PER COURT:

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1.The caste claim of the Petitioner as

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belonging to Mannervarlu, Scheduled Tribe is
invalidated.

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2.The learned Counsel for the Petitioner

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submits that the father of the Petitioner is
issued with the validity certificate of
Mannervarlu, Scheduled Tribe. Five cousin paternal
uncles of the Petitioner are issued with the
validity certificate of Mannervarlu, Scheduled
Tribe. One paternal cousin brother and paternal

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cousin grandfather are also issued with the
validity certificate of Mannervarlu, Scheduled
Tribe. The contra entries which are relied by the
Committee were also subject matter of
consideration in the vigilance while issuing
validity certificate to Prahlad Ramchandra
Bodhankar who is also referred to as Chandar. The
learned Counsel relies on the Judgment Of the
Division Bench of this Court in case of Apporva
Vinay Nichale Vs. Divisional Caste Certificate
Scrutiny Committee and others reported in 2010 (6)
Mh.L.J. 401 and submits that the validities issued
in favour of the relatives is a relevant fact.

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3.The learned A.G.P. submits that apart from

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the contra evidence the Sale Deed executed by
Chandar the cousin grandfather of the Petitioner
in June-2011 very clearly records that he does not
belong to Adiwasi. This declaration on the part of
Chandar @ Ramchandra that he does not belong to
Scheduled Tribe establishes that the Petitioner is

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not Scheduled Tribe. The said document is a
registered document. According to the learned

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A.G.P., the Petitioner has failed in the affinity
test also.

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4.The learned Counsel for the Petitioner
submits that in the year-2009 itself Prahlad has
been issued with the validity certificate by the
Committee by conducting a detailed vigilance. That
Chandar was illiterate person, permission was

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required to be obtained by the purchaser. The
purchaser mislead him and got the Sale Deed
executed. The learned Counsel submits that the
Petitioner has filed affidavit of Prahlad S/o.
Ramchandar @ Chandar showing the manner in which
Sale Deed is executed and that within a period
of 1 month the steps would be taken in respect of
the Sale Deed. We are not much impressed by the
said argument. It is the purchaser who will be in
jeopardy.

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5.It would appear that 9 paternal relatives are
issued with the validity certificate prior to the
execution of the Sale Deed. The said list is as
under-

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अ`.` क`.`	वैधताधारकाचे नाव	अररदार यांचेशी नातेै ं	र ंे ेवैधता ददनांक	शेरा
१`.`	ी`.`रावसाहेब महारन बोधनकर	चुलत काका	१०`/`११`/`२००५	वैध
२`.`	ी`.`साहेबराव महारन बोधनकर	चुलत काका	०३`/`०७`/`२००८	वैध
३`.`	ी`.`नागोराव मारोती बोधनकर	चुलत काका	०२`/`१२`/`२००८	वैध
४`.`	ी`.`दवरय गंगाधर बोधनकर	चुलत काका	२३`/`१२`/`२००९	वैध
५`.`	ी`.`बोधनकर गोववद गंगाधर	चुलत काका	२३`/`१२`/`२००९	वैध
६`.`	ी`.`बोधनकर गंगाधर खंडोरी	चुलत आरोबा	२६`/`०५`/`२०१०	वैध
७`.`	ी`.`बोधनकर बळवंत वयंककराव	चुलत भाऊ	०८`/`०२`/`२०११	वैध
८`.`	ी`.`बोधनकर अशोक दविलराव	वडील	१८`/`०४`/`२०११	वैध
९`.`	ी`.`्ቚ्ቫाद रामचंद रላ्ቖर चंदर बोधनकरु	्ቚ्ቫ ं ላ्ቖर ं चुलत काका	१४`.`१२`.`२००९	वैध

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6.All these validities are issued prior to the

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execution of the Sale Deed by Chandar. The said
Sale Deed is of June-2011.

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7.After the validities are issued in favour of
the paternal relatives the Sale Deed is said to
have been executed. If the Sale Deed would have
been earlier in point of time it would certainly
impact upon the case of the Petitioner.

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8. Considering the earlier validities issued

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and the affidavit filed by the son of the
executant of the said Sale Deed and that the
validities are issued prior to the execution of
the Sale Deed and further the show cause notices

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are also issued to them we pass the following
order.

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9.The Committee shall issue validity
certificate to the Petitioner of Mannervarlu,
Scheduled Tribe.

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10.The said certificate shall be subject to the
decision that would be taken by the Committee in
the proceedings re-opened of the validity holders
relied by the Petitioner.

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11.The Writ Petition accordingly stands disposed
of. No costs.

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12.In view of disposal of the Writ Petition, the
Civil Application also stands disposed of.

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[S. G. DIGE, J.]

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[S. V. GANGAPURWALA, J.]

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marathe

Shubham Ashok Bodhankar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shubham Ashok Bodhankar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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