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2022 Supreme(Bom) 533

SUNIL B. SHUKRE, G. A. SANAP
Sonal Pratapsingh Vahanwala – Appellant
Versus
Deputy District Collector (Encroachment) Dharavi Division – Respondent


Advocates Appeared:
For the Petitioner: Pradeep Havnur.
For the Respondents: S.S. Bhende, A.G.P.

JUDGMENT :

G.A. Sanap, J.

1. The petitioner challenges the order dated 30th November, 2007 passed by respondent No.2, whereby respondent No.2 confirmed the order dated 3rd September, 2016 passed by respondent No.1 rejecting the application made by the petitioner for issuance of caste certificate of her caste to her son.

2. The petitioner adopted her son Heramb. The petitioner had filed Misc. Petition No.168 of 2009 in the City Civil Court, Mumbai seeking permission for adoption of male child from Children of the World India Trust, Arun Chambers, Tardeo, Mumbai 400 034. Before adopting the male child from the Trust/Orphanage, he was known as “Pappu”. Identity of his biological parents was not known. At the time of the adoption, he was five years old. It is stated that in terms of the directions issued by the City Civil Court, Mumbai on 24th December, 2009, the petitioner applied for registration of birth in the record of the Municipal Corporation. It was recorded on 13th January, 2010. Birth certificate dated 19th January, 2010 came to be issued.

3. It is the case of the petitioner that she is mother of Heramb, adoptive son. Her caste is “Hindu Mahyavanshi” recognized as a scheduled cas

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