SHRAVAN VILAS ZADPIDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forth-with.

(2.) Heard learned counsel for the petitioners and the learned AGPs.

(3.) Learned advocate for the petitioners submits that initial applications of the petitioners for issuance of caste certificate of Bhope (NT) were rejected by the Sub Divisional Officer (SDO). The petitioners preferred appeal before the Scrutiny Committee. The Scrutiny committee allowed the appeal of the petitioners and directed issuance of caste certificate to the petitioners. The SDO, thereafter rejected the application of the petitioners on the ground that sufficient documentary evidence is not produced on record. 3. We have perused the order passed by the Scrutiny Committee. The Scrutiny Committee, in appeal, has set aside the Judgment of the SDO and directed issuance of caste certificate to the petitioners. Once the appeal is allowed by the scrutiny committee i.e. the appellate authority, the SDO does not have any jurisdiction to sit over the Judgment of the appellate authority and deny issuance of caste certificate to the petitioners. The appellate authority has considered the evidence produced by the petitioners on record and also the factum of the caste certificate issued in favour his near relative i.e. the real brother.