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2013 Supreme(Bom) 2123

B.R.GAVAI, Z.A.HAQ
Mayur s/o Shamrao Nannaware – Appellant
Versus
Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli – Respondent


Advocates:
Advocate Appeared
For petitioner: R.S. Parsodkar
For respondent No. 1: S.M. Puranik
For respondent Nos. 2 and 7: D.P. Thakare, AGP
For respondent No. 3: A. Deshpande

JUDGMENT

Z.A. HAQ, J.:

1. Heard.

2. Rule. Rule made returnable forthwith.

3. The petitioner has challenged the decision of the Caste Scrutiny Committee invalidating his caste certificate of “Mana”, Scheduled Tribe.

4. Shri R.S. Parsodkar, learned advocate for the petitioner has submitted that the Caste Scrutiny Committee has committed an illegality in invalidating the caste claim of the petitioner overlooking the fact that the Caste Validity Certificate of “Mana”-Scheduled Tribe is issued by the Caste Scrutiny Committee in favour of the petitioner's father-Shamrao Zitru Nannaware, petitioner's real sister-Payal, petitioner's cousin brother-Nitin Bapurao Nannaware, petitioner's cousin sister-Shilpa Ramkrushna Nannaware and petitioner's cousin brother Umakant Ramkrushna Nannaware. The learned advocate has submitted that the document of 1918-1919 (sale deed) refers to the petitioner's grandfather Zitru as “Mana”. According to the learned advocate, the document is pre-constitution era and has more evidentiary value and it cannot be said that the petitioner's grandfather was shown as “Mana” to avail some benefit as at that time, no one could have expected or anticipated that the Constitution


















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