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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH NAGPUR
M.S.JAWALKAR, NANDESH S.DESHPANDE
Manohar S/o Ashalu Togarwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M. S. JAWALKAR, J.
1. Heard. Rule. Rule is made returnable forthwith.
2. As similar issue is involved in all the matters and they are being relatives, the matters are taken up together for consideration and finally heard at the request and consent of the parties. The Writ Petition No.5735/2018 is taken and treated as lead petition and facts and documents in the said matter has taken into consideration for the common judgment.
3. The petitioner claims that he belongs to ‘Mannewar’ Scheduled Tribe, which is enlisted at Sr. No.18. It is submitted that the petitioner was required to file second Writ Petition No.4095/2012, which came to be disposed of on 31.07.2013. The said petition came to be partly allowed as there was no opportunity granted to the petitioner to made out his claim. Moreover, the petitioner was present but he was shown as absent and material document which he has placed on record, the entry of 29.01.1950 showing Lachaman Ashanna as ‘Mannewar’ in his death certificate is also not considered. In view thereof, this Court quashed and set aside the impugned order dated 11.07.2012.
4. It is further submitted that in 3rd round of litigation even after observing by thi
Pre-1956 certified documents hold presumptive probative value in tribe claims; rejection sans expert rebuttal on interpolation invalid. Non-existent adverse entries mere corruptions, not negating con....
The court emphasized that pre-Constitutional documents are of higher probative value for determining tribe claims, and invalidation by the committee on the basis of affinity test was not legally soun....
The credibility of caste claims must adhere to historical documentation, with greater weight given to pre-Independence records, in lieu of modern records.
The petitioner failed to prove his claim to the 'Mana' Scheduled Tribe, as older documents indicating 'Mani' had greater probative value, and he tampered with evidence.
The burden of proof lies on the claimant to establish tribal affiliation, particularly through credible pre-constitutional documentation, which holds greater evidentiary value.
Burden of proof for tribal claims relies on historical documents, with older records holding more weight; claims of synonymous tribe names require clear establishment.
The burden of proof under Section 8 of the Act of 2000 requires the petitioner to disprove adverse historical entries to establish her Scheduled Tribe status.
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