Mr Hemant Ramnath Andherkar vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Mr Hemant Ramnath Andherkar vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to Respondent No. 2-Tahsildar: (i) to entertain the Petitioner's application for issuing a Caste certificate as member of the Adivasi Warli Community; (ii) permission to the Petitioner to re-submit his application to the Competent Authority as per Rules with necessary documents within two weeks from passing of the order; (iii) Respondent No. 2 to decide the prayer for issuing the certificate as early as possible and in any event within eight weeks from the date of submission of the application; pending interim application, if any, also stands disposed of

Issue for consideration

Whether directions should issue for a Caste certificate to be issued in favour of the Petitioner, whose application papers were returned by the Competent Authority without any written communication on the pretext that pre-constitutional documents were not submitted +1 more

Court's answer

Directions were issued to Respondent No. 2-Tahsildar to entertain the Petitioner's application for issuing a Caste certificate as a member of the Adivasi Warli Community, to permit re-submission of the application with necessary documents within two weeks, and to decide the prayer as early as possible and in any event within eight weeks from the date of submission of the application

Ratio / Principle

Once an application is filed, it is the bounden duty of the Competent Authority to take a decision on the issuance of the Caste certificate and to communicate that decision in writing; the Authority may issue or may not issue such certificate

Key takeaways

Taken together, the provisions relied upon - Rule 4(2) laying down the documents to be submitted with the application, Sub-Rule 3 permitting an applicant unable to produce the prescribed documents to state so on affidavit for inquiry-based consideration of the claim on merits, and the existence of an appeal against rejection - indicate that there has to be an order in writing and it has to be communicated to the concerned personratio¶31

Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Writ Petition No. 410 of 2026, order per S. M. Modak, J. (with M. S. Karnik, J.), dated 30 January 2026 - A petitioner contending he belongs to the Adivasi Varali tribe applied for a tribe certificate; the Competent Authority returned all his papers without any written communication on the pretext that pre-constitutional documents were not submitted. Having regard to the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 - wherein Rule 4(2) lays down the documents to accompany an application, Sub-Rule 3 permits an applicant unable to produce prescribed documents to say so on affidavit for inquiry-based consideration of the claim on merits, and an appeal lies against rejection - the Court held that once an application is filed it is the bounden duty of the Competent Authority to take a decision and communicate it in writing, whether or not the certificate is ultimately issued. Directions were accordingly issued to the Tahsildar, Andheri (Respondent No. 2) to entertain the application (Adivasi Warli Community), to accept re-submission with necessary documents within two weeks, and to decide the prayer as early as possible and in any event within eight weeks of submission; the Writ Petition and pending interim application were disposed of.

WP 410 of 2026 po.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 410 OF 2026

Mr. Hemant Ramnath Andherkar

Age 50 years, Occ. Business having address at Andherkar Chawl, Kondivita Road, J. B. Nagar, Andheri (E), Mumbai – 400 059.

...Petitioner

Vs.

The State of Maharashtra through office of Government Pleader (O.S.) High Court, Mumbai.

2. The Tahsildar

Tahsil Office, Andheri

3. The Deputy Collector/ Sub-Divisional Officer, Andheri

Division, both are having their Address at 22, New Dadabhai Rd, Gilbert Hill, Andheri West.

4. The Collector

Collector Office, Mumbai. Sub-Urban having office at near Chetna College, Bandra (E), Mumbai. ...Respondents

Adv. Ramchandra N. Kachare - Advocate for the Petitioner Shri Amar Mishra – AGP for the Respondent-State

Digitally signed SEEMA by SEEMAKSHITIJ KSHITIJ YELKARDate: Seema YELKAR 2026.01.30 12:41:59 +0530

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WP 410 of 2026 po.doc

CORAM : M. S. KARNIK AND S. M. MODAK, JJ.

DATE : 30^th JANUARY 2026

:- ORDER (PER S. M. MODAK, J.)

Heard learned counsel for the Petitioner and learned AGP for Respondents.

The contention of the Petitioner is that he belongs to Adivasi Varali tribe. He applied for getting a tribe certificate in prescribed format. A copy of the form is annexed on page no. 29. It is annexed by necessary documents. However, the Competent Authority has returned all his papers without any written communication on the pretext that pre-constitutional documents were not submitted. That is why, this petition is filed for issuing directions to issue Caste certificate in favour of the Petitioner.

Learned AGP has brought to our notice the remark on application filed by the Petitioner (on page no. 38). There is remark that the father of the Petitioner was born in the year 1951 at Andheri.

It is true no written communication refusing to issue Caste certificate is

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Seema

WP 410 of 2026 po.doc

brought to our notice. In fact, it is the grievance of the Petitioner that papers were returned without issuing any written communication.

Having regard to the provisions of the Act and Rules framed, the Competent authority has to decide, the issuance of Caste certificate. Once the application is filed, it is bounden duty of the Competent authority to take decision and to communicate it in writing. The authority may issue or may not issue such certificate. Sub Rule (2) of Rule (4) of the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 (‘Rules’ for short) lays down the documents to be submitted alongwith the application. Even Sub-Rule 3 permitted the Applicant to state on affidavit, if he is unable to submit the prescribed documents and then the Competent Authority may consider it and decide the claim on merits after conducting the inquiry. Even there is provision of an appeal against the order of rejection passed by the Competent authority. All these provisions indicate that there has to be an order in writing and it has to be communicated to the concerned person.

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Seema

WP 410 of 2026 po.doc

We are therefore inclined to issue the following directions to the

Respondent No. 2-Tahsildar. Hence the order :-

ORDER

(i) Respondent No. 2-Tahsildar is directed to entertain the application of the Petitioner for issuing Caste certificate being member of Adivasi Warli Community.

(ii) The Petitioner is permitted to re-submit his application to the Competent authority as per Rules by annexing necessary documents. Let it be done within two weeks from passing of this order.

(iii) The Respondent No. 2 is directed to decide the prayer of the Petitioner for issuing certificate as early as possible and in any event within a period of eight weeks from the date of submission of the application.

With the above observations, the Writ Petition is disposed of.

Pending interim application, if any, also stands disposed of.

(S. M. MODAK, J.)

(M. S. KARNIK, J.)

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Seema