PRALHAD BANDUJI LODHI Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS revision is direction against the judgment and order dated 24th October, 1997 passed by the Fourth Additional District Judge, Pune in Misc. Civil Appeal No. 549 of 1993 arising out of judgment and decree dated 27th September, 1993 passed by the Joint Civil Judge, Senior Division, Pune in Regular Civil Suit No. 481 of 1991; whereby the petitioner was held to be a person not belonging to nomadic tribe was confirmed. ISSUE

(2.) THE short question that arises for consideration under section 9 of Civil Procedure Code, 1908 ("c. P. C. " for short) is as to whether the Civil Court has jurisdiction to entertain and try the suit challenging the order directing cancellation of caste certificate issued in favour of the petitioner. THE OPERATIVE PART OF THE ORDER having heard the parties at length, this revision was dismissed on 7th June, 2001 for the reasons to be recorded subsequently. I accordingly give my reasons for dismissing this revision. The reasons are based on the following facts: THE FACTS

(3.) THE petitioner claims to be a person belonging to "hindu Rajput Lohar" community. He had obtained caste certificate on 18th August, 1981 from the Tahasildar and Executive Magistrate, Pune. He was appointed as Head Master of one Raja Dhanrajgiri High School, Pune, which is run by respondent No. 4. There was a complaint against the petitioner/plaintiff with regard to his caste. An enquiry was made by Tahasildar, Pune with regard to the caste of the petitioner. The Tahasildar, Pune, vide his order dated 13th January, 1986 declared that the petitioner did not belong to "hindu Rajput Lohar" caste. Consequently, the caste certificate issued in favour of the petitioner was cancelled.