Full Judgment Text
KJ 1/4 wp11430.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11430 OF 2014
Mohammad Husain Hisamuddin Shaikh )... Petitioner
V/s.
The State of Maharashtra & Ors. )… Respondents
WITH
WRIT PETITION NO.11429 OF 2014
Miss.Misbah Mohammed Sadik )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
WITH
WRIT PETITION NO.11449 OF 2014
Anwar Husain Hisamuddin Shaikh )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
WITH
WRIT PETITION (ST) NO.32911 OF 2014
Mohammed Afzal Dinmohammed Shaikh )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
----
Mr.K.N.Kandekar a/w Mr.Sachin Kankal for petitioners.
Mr.V.N.Sagare AGP for respondent nos.1 to 3.
----
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KJ 2/4 wp11430.14
CORAM: ANOOP V.MOHTA &
K.R.SHRIRAM, JJ.
rd
DATED : 23 April, 2015.
P.C. :
1 Rule returnable forthwith. Heard finally by consent of
parties.
2 We are inclined to dispose of present writ petitions as they
are belonged to one family. Paternal relative Dinmohamad got
validity certificate of the caste muslim Takari after due inquiry from
the respondents and that has attained finality. The issue is with
regard to the petitioners' caste `muslimtakari' who are relatives of
Dinmohamad.
3 The following chart shows their relation with
Dinmohammed :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11430 OF 2014
Mohammad Husain Hisamuddin Shaikh )... Petitioner
V/s.
The State of Maharashtra & Ors. )… Respondents
WITH
WRIT PETITION NO.11429 OF 2014
Miss.Misbah Mohammed Sadik )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
WITH
WRIT PETITION NO.11449 OF 2014
Anwar Husain Hisamuddin Shaikh )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
WITH
WRIT PETITION (ST) NO.32911 OF 2014
Mohammed Afzal Dinmohammed Shaikh )...Petitioner
V/s.
The State of Maharashtra & Ors. )...Respondents
----
Mr.K.N.Kandekar a/w Mr.Sachin Kankal for petitioners.
Mr.V.N.Sagare AGP for respondent nos.1 to 3.
----
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KJ 2/4 wp11430.14
CORAM: ANOOP V.MOHTA &
K.R.SHRIRAM, JJ.
rd
DATED : 23 April, 2015.
P.C. :
1 Rule returnable forthwith. Heard finally by consent of
parties.
2 We are inclined to dispose of present writ petitions as they
are belonged to one family. Paternal relative Dinmohamad got
validity certificate of the caste muslim Takari after due inquiry from
the respondents and that has attained finality. The issue is with
regard to the petitioners' caste `muslimtakari' who are relatives of
Dinmohamad.
3 The following chart shows their relation with
Dinmohammed :
| Sr.No | Writ Petition No. | Name of<br>petitioner | Validity<br>Certificate<br>granted by<br>Nasik<br>Scrutiny<br>Committee | Relation of<br>Petitioners<br>to whom<br>Validity is<br>granted |
|---|---|---|---|---|
| 1 | 11430 of 2014 | Mohammed<br>Husain<br>Hisamuddin<br>Shaikh | Dinmohamm<br>ed<br>Hisamuddin<br>Shaikh | Real brother |
| 2 | 11429 of 2014 | Misbah<br>Mohammed<br>Sadik Shaikh | …...do...... | Niece (Real<br>Brother's<br>Daughter) |
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KJ 3/4 wp11430.14
| 3 | 11449 of 2014 | Anwar<br>Husain<br>Hisamuddin<br>Shaikh | …....do....... | Real Brother |
|---|---|---|---|---|
| 4 | 32911 of 2014 | Afzal<br>Dinmohamm<br>ed Shaikh | …...do....... | Son |
4 There is no issue with regard to the relationship. The
submission therefore, all these cases are governed by following
judgments of this court need to be accepted. We have consistently
held that the caste validity certificate issued in favour of one relative
(paternal) as defined under the Maharashtra Scheduled Castes,
Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes and Special Backward Category
(Regulation of Issuance and Verification of) Caste Certificate Act
(2000) can be the foundation for other relatives for same claim. The
respondentauthority thus cannot overlook the same unless there is a
case of fraud or misrepresentations. There is no such material
placed on record and/or any challenge raised and/or made to the
certificate issued to Dinmohammed. Therefore, the other relatives
thus cannot be denied the similar caste validity certificate, as done in
the present case by overlooking the provisions of law and also the
following judgments
(1) Pranav Prakash Mandlik Vs. State of Maharashtra (2015(1)
ALL MR 177)
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KJ 4/4 wp11430.14
(2) Mayur s/o Shamrao Nannaware Vs. S.T.C.C.Scrutiny
Committee (2014(1) MH.L.J.437)
(3) Apoorva Vs. D.C.C.S.Committee No.1 (2010 (6) MH.L.J 401)
(4) Ravindra Pralhadrao Khare Vs. State of Maharashtra (2013(3)
ALL MR 644)
The petitioners' caste claim, being relative from paternal
side and similarly situated, we are inclined to grant.
5 Therefore, following order :
ORDER
(a) All writ petitions are allowed in terms of respective
prayer clause(a) ;
(b) The respondents to issue certificate as early as
possible preferably within eight weeks ;
(c) Rule made absolute accordingly ;
(d) No costs.
(K.R.SHRIRAM, J.) (ANOOP V.MOHTA,J)
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