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2014 Supreme(Bom) 686

A.S.OKA, A.A.SAYED
Anand Dhananjay Nalawade – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:R.K. Mendadkar, Helen Koli Mandlik, Advocates.
For the Respondents: R1 to R3, S.N. Patil, AGP.

JUDGMENT

A.S. Oka, J.

1. Heard learned counsel appearing for the Petitioners and the learned AGP for the Respondents. Taken up forthwith for final disposal.

2. The Petitioner applied for grant of a caste certificate. The Petitioner claims that he belongs to a caste Thakur which is notified as a Scheduled Tribe. An Application was made by the Petitioner under Sub-section (1) of Section 4 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short “the said Act”). The Application made by the Petitioner was rejected by the third Respondent. Being third Respondent, an Appeal was preferred by the Petitioner in accordance with Section 5(1) of the said Act. The Appeal was allowed by the Caste Scrutiny Committee and a direction was issued to the third Respondent to issue a caste certificate to the Petitioner. It appears that the third Respondent instead of issuing a caste certificate rejected the application made by the Petitioner. A Writ Petition was filed by the Petitioner for challenging the said order of the



























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