SWARUPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides for final disposal, considering the urgency in the matter.

(2.) The petitioner is challenging the judgment and order dtd. 13/9/2022, invalidating her caste claim for being 'Koli Mahadev' scheduled tribe. The principle ground of challenge is that her cousin uncle Kishor Ganpatrao Huge was issued with validity certificate on 19/4/2003 and despite that the caste claim was rejected. The reliance is also placed upon various entries in school record, vigilance report in case of Kishor, the old document of agreement of 1944 and the affidavit of Kishor. It is further submitted that the agreement to sale of the year 1944 is pre-independence document having greater probative value which was not dealt with in the impugned judgment, which is perverse.

(3.) Learned AGP supports impugned judgment and order. According to him, the validity certificate is not reliable because genealogy was incompletely shown, the petitioner failed to explain contrary entries and there were suppression of facts in case of validity of Kishor. According to learned AGP, no case is made out to interfere with the impugned judgment and order.