PRAKASH CHINTAMAN BAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the learned Counsel for the parties.

(2.) The challenge in this petition is to the order dtd. 17/11/2018 passed by the District Caste Scrutiny Committee invalidating the claim of the petitioner of "Koli Mahadeo" Scheduled Tribe.

(3.) The petitioner would contend that while invalidating the claim, the Committee has just brushed aside the validities granted to the paternal side relatives i.e. three real brothers of the petitioner. The petitioner applied for caste certificate to the Competent Authority and the certificate issued on 13/6/1973 by Tahsildar who was then Competent Authority. Said certificate was forwarded for verification to the Committee in the year 2005 and it was invalidated on 21/11/2013. It was invalidated by observing that Tahsildar, Khamgaon, who has issued the certificate had no territorial jurisdiction. Said invalidation was challenged in Writ Petition No.269/2014. This Court vide its judgment and order dtd. 14/11/2014, confirmed the order of Scrutiny Committee and further liberty was granted to the petitioner to apply for the caste certificate from the Competent Authority and direction was given to the Competent Authority to decide the claim in accordance with the law within further two months.