SUNIL GULABRAO SONKUSARE Vs. STATE OF MAHARASHTRA THROUGH ITS
HIGH COURT OF BOMBAY
Sunil Gulabrao Sonkusare
State Of Maharashtra Through Its
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R.K.DESHPANDE, J. -
(1.) The challenge in both these petitions is to the orders of invalidation of the caste claim of the petitioners, who are the real
brother and sister, for 'Halba'/'Halbi', Scheduled Tribe Category,
which is an entry at Serial No.19 in the Constitution (Scheduled
Tribes) Order, 1950.
(2.) Before the Committee, total 21 documents were produced on record, which included two conditional validity
certificates issued in the name of Pradip Gulabrao Sonkusare and
Sunil Gulabrao Sonkusare, and one order cancelling the
conditional certificate issued to Sunil Gulabrao Sonkusare. All
these three documents were issued pending the decision of the
Apex Court in the case of State of Maharashtra v. Milind and
others , reported in 2001(1) Mh.L.J. 1, showing that the claim of
these persons for 'Halba-Koshti' is held to be valid subject to the
decision of the Apex Court.
(3.) The other eighteen documents produced on record consistently show the caste of the petitioners or their blood
relatives as well as maternal relatives as 'Halbi'. The oldest
document is in the name of one Gulabrao Govindrao Sonkusare,
the father of the petitioners, in which the entry 'Halbi' is
recorded in the caste column on 10-4-1943. The another
document is of 20-9-1944, which is the registered
purchase-deed in the name of Gulab Govinda.;
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