Chhaya D/o Jasvantsingh Hajari vs Committee For Scrutiny And Verification Of Tribe Claims, Amravati, Tq And District Amravati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Bom) 2416

B.P.DHARMADHIKARI, Z.A.HAQ
Chhaya D/o Jasvantsingh Hajari – Appellant
Versus
Committee For Scrutiny And Verification Of Tribe Claims, Amravati, Tq And District Amravati – Respondent

Advocates Appeared:
A.M. Gordey, Adv., Raskar, Adv., N.P. Mehta, Adv., S.A. Chaudhari, Adv., R.S. Parsodkar, Adv., Indira Bodade, Adv., A.J. Gilda, Adv., P. Rane, Adv., S.C. Mehadia, Adv., P.D. Rane, Adv., R.M. Ahirrao, Adv., M.K. Pathan, Adv., T.D. Khade, Adv., M.I. Dhatrak, Adv., S.P. Palshikar, Adv., N.C. Phadnis, Adv., R.V. Sirpurkar, Adv., Gopal Mishra, Adv., S.V. Sohoni, Adv., N.R. Saboo, Adv., H.D. Dangre, Adv., R.S. Sundram, Adv., A.P. Kalmegh, Adv., V.R. Choudhari, Adv., V.R. Choudhary, Adv., P.S. Jaiswal, Adv., Anand Parchure, Adv., A.M. Ahirrao, Adv., S.M. Puranik, Adv., P.D. Meghe, Adv., N. Phadnis, Adv., M.V. Samarth, Adv., S.G. Joshi, Adv., Kiran Malokar, Adv., A. Parchure, Adv., Paliwal, Adv., R.P. Dhanwat, Adv., A.Y. Kapgate, Adv., A.M. Kukday, Adv., S.A. Gordey, Adv., D.K. Dubey, Adv., S.Z. Sonbhadre, Adv., S.V. Purohit, Adv.

JUDGMENT

B.P. Dharmadhikari, J. - All these matters are placed together jointly for consideration, as according to all petitioners, question involved is When pre-constitution documents record the Caste as "Thakur" and those documents are genuine, whether the recourse to affinity test is open? They rely upon the judgment of Hon''ble Supreme Court in case of Anand .vrs. Committee for Scrutiny and Verification of Tribe Claims and others , (2011) 6 MhLJ 919, to buttress their submissions. On the other hand, respondents contend that a Caste by name "Thakur" exists and said Caste is not a Tribe, and is also not recognized as Scheduled Caste. It is an Upper Caste and hence, the old documents or relevance of and reliance upon mention of Caste as Thakur, therein is not decisive. As the Tribe and Caste have same name, only way left out is to apply affinity test. AGP''s appearing on behalf of respondent State, state that the judgment of Hon''ble Supreme Court in case of Anand , does not rule out relevance and use of affinity test in such facts.

2. In Writ Petition No. 4198/2018, Senior Counsel Shri A.M. Gordey, appearing on behalf of the petitioner by inviting attention to the impugned order d

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2018 Supreme(Bom) 2416

B.P.DHARMADHIKARI, Z.A.HAQChhaya D/o Jasvantsingh Hajari – AppellantVersusCommittee For Scrutiny And Verification Of Tribe Claims, Amravati, Tq And District Amravati – Respondent

Cases Referred (31)

B.P.DHARMADHIKARI, Z.A.HAQ
Chhaya D/o Jasvantsingh Hajari – Appellant
Versus
Committee For Scrutiny And Verification Of Tribe Claims, Amravati, Tq And District Amravati – Respondent