Samriddhi Yogesh Savale Vs State Of Maharashtra And Others

Bombay High Court (Aurangabad Bench) 20 Jul 2024 Writ Petition No. 1209 Of 2022 And Civil Application No. 6755 Of 2024 (2024) 07 BOM CK 0040
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition No. 1209 Of 2022 And Civil Application No. 6755 Of 2024

Hon'ble Bench

Mangesh S. Patil, J; Shailesh P. Brahme, J

Advocates

Mohanish V. Thorat, Sarang P. Joshi, Shaikh Wasif, M.D. Narwadkar

Final Decision

Allowed

Acts Referred

Constitution of India, 1950 — Article 226#Maharashtra Land Revenue Code, 1966 — Section 36, 36A

Judgement Text

Translate:

Sr.

No.","Name of

Document","Name of person

on the document","Blood relation

with the applicant","Caste

recorded","Date of

Admission /

Registration",

1,"Village Form

No. 14",Rama Kumbala Koli,"Cousin Great

Great Grandfather",Koli,04.01.1913,

2,"Village Form

No. 14",-- Ragho Ratan,"Great Great

Grandfather",Koli,July / 1922,

3,"Village Form

No. 14",Chindhi Ragho Ratan,"Great

Grandmother",Koli,08.09.1928,

4,"Village Form

No. 14",Mohan Ragho Ratan,"Cousin Great

Grandfather",Koli,April / 1935,

5,School Record,"Ku. Salunka Guman

Savle","Cousin

Grandmother",Hindu Koli,21.06.1955,

Sr.

No.","Name of

Document","Name of person

on the document","Blood relation

with the applicant","Caste

recorded","Date of

Admission /

Registration",

1,School Record,"Ragho

Ratan","Great Great

Grandfather",Dhor Koli,10.06.1906,

2,School Record,"Bhila Ragho

Koli","Great

Grandfather",Tokre Koli,01.05.1923,

3,"Village Form

No. 14","Ragho

Ratan","Great Great

Grandfather",Koli Dhor,10.12.1925,

4,"Village Form

No. 14","Bhila Ragho Ratan

Savle","Great

Grandfather",Koli Dhor,10.01.1930,

5,"Village Form

No. 14","Guman Budha

Rama Savle","Cousin Great

Grandfather",Koli Dhor,10.04.1930,

6,"Village Form

No. 14","Ratan Kubla Savle

(Kuber)","Great Great

Great Grandfather",Koli Dhor,07.01.1932,

7,"Village Form

No. 14","Tapi Budha

Rama","Great

Grandmother",Dhor Koli,December / 1937,

8,"Village Form

No. 14","Ragho

Ratan","Great Great

Grandfather",Koli Dhor,07.01.1942,

9,School Record,"Mohan Ragho

Koli","Cousin Great

Grandfather","Hindu To.

Koli",03.08.1948,

10,"Village Form

No. 14","Motiram Bhila

Ragho",Grandfather,Koli Dhor,08.04.1948,

11,School Record,"Ku. Salunka

Guman Savle","Cousin

Grandmother","Hindu To.

Koli",20.06.1955,

12,School Record,"Manjula Guman

Savle","Cousin

Grandmother","Hindu To.

Koli",01.06.1961,

13,School Record,"Pandit Hilal

Savle",Cousin Grandfather,"Hindu

Koli Tokre",07.06.1963,

14,School Record,"Nanabhau Guman

Savle",Cousin Grandfather,"Hindu To.

Koli",01.06.1966,

15,School Record,"Ranjatabai

Motiram Savle",Paternal Aunt,"Hindu

Tokre Koli",25.06.1976,

16,School Record,"Manisha Motiram

Savle",Paternal Aunt,"Hindu

Tokre Koli",03.10.1979,

17,School Record,"Yogesh Motiram

Savle",Father,"Hindu

Tokre Koli",14.06.1984,

18,"Colour

photocopy of

Service book","Chhotulal alias

Nanabhau Guman

Savle","Cousin

Grandfather","Hindu To.

Koli",19.06.1991,

19,School Record,"Samriddhi Yogesh

Savle",Applicant,"Hindu

Tokre Koli

(S.T.)",11.04.2009,

IV.,"Mohon Radhe

Ratan","Cousin

Grandfather","Death record

of village Form

No. 14",Koli,"Date of

Death

April /

1935",---

V.,Ragho Ratan,"Cousin Great

Grandfather","Admission

Extract of

General

Register of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Dhor

Koli","Birth

10.06.1906","The entry is in a loose page and the

page  could  tally Â

with  any  of  the

school  registers.  Â

The  handwriting on this page

containing this entry is in a different

ink and handwriting as comparedÂ

to the rest of the entries

in the school register.

VI.,Bhila Ragho Koli,"Cousin

Grandfather","Admission

Extract of

General

Register of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Tokre

Koli","Birth

01.05.1923","The entry is in a loose page and the

page  could  tally Â

with  any  of  the

school  registers.  Â

The  handwriting on this page

containing this entry is in a different

ink and handwriting as comparedÂ

to the rest of the entries

in the school register.

VII.,"Mohan Ragho

Koli","Cousin

Grandfather","Admission

Extract of

General

Register no.

63, book no.

2 of Z.P.

Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

To.

Koli","03.08.1948

nd

2

standard",

Letter  ' '  in  a Â

different  ink  and

handwriting has been inserted in the

entry “Hindu Tokre Koliâ€​.

VIII.,"Ku. Salunka

Guman Savle",Paternal Aunt,"Admission

Extract of

General

Register no.

244, book no.

2 of Z.P.

Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","21.06.1955

st

1

Standard",---

IX.,"Ku. Salunka

Guman Savle",Paternal Aunt,"Admission

Extract of

General

Register no.

78, book no.

3 of Z.P.

Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

To.

Koli","20.06.1955

st

1

Standard",---

X.,"Arastol Hilal

Savle","Cousin Paternal

Aunt","Admission

Extract of

General

Register no.

371, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","26.06.1962

st

1

Standard",---

XI.,Pandit Hilal Savle,Cousin Uncle,"Admission

Extract of

General

Register no.

398, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli

Tokre","07.06.1963

st

1

Standard","Word ‘Tokre’ hasÂ

been inserted in different

handwriting after the words

‘Hindu Koli’.

XII.,Keval Bila Savle,"Cousin Paternal

Aunt","Admission

Extract of

General

Register no.

417, book

no. 3(1) of

Z.P. Primary

School","Hindu

Koli","School

leaving

date

22.06.1974",---

XIII.,Hira Bhila Savle,"Cousin Paternal

Aunt","Admission

Extract of

General

Register no.

488, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","02.06.1964

1st

Standard",---

XIV.,"Bablibai Guman

Savle",Paternal Aunt,"Admission

Extract of

General

Register no.

491, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","03.06.1965

1st

Standard","Separate paper has beenÂ

pasted in the column of caste in

the school register and on that paper,

caste ‘Hindu Koli’ appears.

XV.,"Meerabai Father

Mohan Savle","Cousin Paternal

Aunt","Admission

Extract of

General

Register no.

500, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","17.06.1965

1st

Standard",---

XVI.,"Sarubai Bhila

Savle","Cousin Paternal

Aunt","Admission

Extract of

General

Register no.

535, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","06.06.1966

1st

Standard",---

XVII.,"Pundlik Hilal

Savle",Cousin Uncle,"Admission

Extract of

General

Register no.

550, book

no. 3(1) of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","29.06.1966

1st

Standard",---

XVIII.,"Manjula Guman

Savle",Paternal Aunt,"Admission

Extract of

General

register book

no. 3(1) of

Z.P.

Primary","Hindu

To.

Koli","Birth

01.06.1961","Letter     Â

' 'Â Â Â Â Â Â

has     Â

been      inserted

subsequently, in a different

handwriting.

XIX.,Bharat Hilal Savle,Cousin Uncle,"Admission

Extract of

General

Register no.

736 of Z.P.

Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

Koli","Birth

01.06.1964",---

XX.,"Nanabhau Guman

Savle",Father,"Admission

Extract of

General

Register of

Z.P. Primary

School Shelti,

Tq. Shahada,

Dist.

Nandurbar","Hindu

To.

Koli","Birth

01.06.1966",

Letter    ' '  Â

has   been   inserted

subsequently,    Â

in     a    Â

different handwriting.

XXI.,"Chhotulal alias

Nanabhu Guman

Savle",Father,"Colour

photocopy of

service book","Hindu

To.

Koli","Date of

start of

service

19.06.1991",

Letter    ' '  Â

has   been   inserted

subsequently,    Â

in     a    Â

different handwriting.

22. There is one more aspect which needs to be emphasized in this context. A person would not derive any additional advantage or benefit by being,,,,,,

described as ‘Tokre Koli’ instead of ‘Koli Dhor’ or vice versa. This would be another reason not to treat such claims to be inconsistent.,,,,,,

Therefore, when, as is mentioned herein-abvove, there is acceptable documentary evidence of pre-constitutional period wherein the petitioner’s",,,,,,

forefathers were described as ‘Dhor Koli’ or ‘Koli Dhor’, the committee could not have refused to extend its benefits to her when she",,,,,,

has been claiming to be a ‘Tokre Koli’.,,,,,,

23. In the light of the fact that there is substantial documentary evidence, even the committee could not have applied the affinity test, the scope of",,,,,,

which is limited, as is described in Anand Vs. Committee for Scrutiny and Verification of Tribe Claims and others (supra) and Maharashtra",,,,,,

Adiwasi Thakur Jamat Swarakshan Samiti Vs. State of Maharashtra and others; 2023 SCC Online SC 326.,,,,,,

24. It is necessary to note that the petitioner has filed civil application no. 6755 of 2024 and has produced coloured photocopies of the birth and death,,,,,,

register of village Shelti of 1905 as well as coloured photocopy of the general register of Zilla Parishad Primary School, Shelti, Taluka - Shahada. It is",,,,,,

mentioned in this application that this record was available to the petitioner when the enquiry was going on before the committee but the committee,,,,,,

merely retained it without raising any objection.,,,,,,

25. Learned advocate for the petitioner would submit that even no comment has been made on it. Instead of going into the allegations about the,,,,,,

committee having not entertained and scrutinized such record, since it is now made available to us, and expressly reads an entry in the name of Ragho",,,,,,

Ratan Kubala of 11-10-1905 describing him to be ‘Koli Dhor’, ex facie, this entry in the birth register does not seem to be inserted rather it",,,,,,

appears sequentially at serial no. 24 and would substantiate the petitioner’s claim.,,,,,,

26. In the result, the impugned order is not sustainable in law and is liable to be reversed.",,,,,,

27. The writ petition is allowed.,,,,,,

28. Impugned order is quashed and set aside.,,,,,,

29. The respondent - committee shall immediately issue tribe validity certificate to the petitioner as belonging to ‘Tokre Koli’ scheduled tribe in,,,,,,

the prescribed format.,,,,,,

30. Pending civil application is allowed and disposed of.,,,,,,

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