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2007 Supreme(Bom) 1358

SWATANTER KUMAR, D.Y.CHANDRACHUD
Prakash Jayawant Koli – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr A.S Peerzade for the petitioner.
Mr Milind More AGP for respondents.

JUDGMENT

Swatanter Kumar,C.J.:

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both sides.

1. In this petition under Articles 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 24th January 2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane. The challenge is on the ground that there was no evidence before the Scrutiny Committee to come to the conclusion that the caste certificate was obtained by misrepresentation or otherwise and the petitioner was not entitled to the benefit thereof. It is also argued on behalf of the petitioner that the impugned order suffers from the non application of mind and no proper reasons have been recorded while passing that order.

2. The petitioner claims that he belongs to Mahadeo Koli caste. On 2nd November 1982 the caste certificate was issued by the Executive Magistrate, Uran, Raigad, certifying that the petitioner belongs to Mahadeo Koli caste. This certificate was issued when the petitioner was 10 years old and according to the petitioner same was not obtained with any mala fide intention or for the purpose of secu



















































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