ASHOK SHINWAR MALI Vs. SMT. INDIRA DIGVIJAYSINGHRAO

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India and prayed for issuance of writ of certiorari or any other appropriate writ,order or directions for setting aside the impugned caste certificates and caste validity certificates issued to respondent Nos. 2 and 3. In the alternative, it is also prayed that respondent Nos. 4 and 5 be directed to hold an inquiry into the claim made by the respondent nos. 1 to 3 of belonging to Mahadev Koli caste, a Scheduled Tribe and thereupon confiscate and cancel the impugned caste certificate and caste validity certificates, in the event, the same are found to have been illegally obtained by respondent nos. 1 to 3.

(2.) The facts and circumstances narrated by the petitioner in this petition are as follows:

(3.) Learned counsel for the petitioner submitted that the petitioner and his relatives were in possession and occupation of the subject land. The respondent Nos. 1 to 3 are claiming that they belong to Mahadeo Koli (Scheduled Tribe). The caste certificate and the certificate of validity issued by respondent Nos. 4, 5 and 6 to respondent Nos. 1 to 3 were obtained by suppressing material facts and documents and without following the procedure prescribed by law. It is submitted that the Civil Court in the suit preferred by Mr. Marzban Patel, has held that the respondent Nos. 1 to 3 did belong to Hindu Mahadeo Koli and, therefore, the Maharashtra Restoration Act was applicable to the properties which were the subject matter of the suit. The said Court has declared that the caste certificate issued to defendant therein was illegal and was issued in complete violation of clear and express provisions of the applicable law. It is further submitted that in the said decision, the Civil Court has observed that the reports prepared by the administration of Bombay Presidency dating back to 1886 mentioned the name of king thereof as "Raja Patangeshaw of Jawhar" and in the column of caste or race or religion was given as "Koli Hindu" which is the Scheduled Tribe. The documents dating back to the year 1952 signed by Smt. Priyamvade Raje, the mother of the said original defendant, states the name of her child as "Digvijaysingh" and as belonging to Hindu Maratha caste and which is the scheduled caste. There are several other adverse findings which refutes the claim of the said original defendant. It is submitted that although the said order was set aside in the Appeal, it was done so in a peculiar circumstances as there was settlement between both the parties and the Court has dealt with the merits of the case. The respondent nos. 1 to 3 had agreed to transfer the subject lands in favour of Mr. Patel upon his accepting that the said respondents belong to Mahadeo Koli scheduled tribe. It is submitted that it was in these circumstances, that the said judgment and decree was set aside.