SUNIL GULABRAO SONKUSARE Vs. STATE OF MAHARASHTRA THROUGH ITS
LAWS(BOM)-2017-11-102
HIGH COURT OF BOMBAY
Decided on November 15,2017

Sunil Gulabrao Sonkusare Appellant
VERSUS
State Of Maharashtra Through Its Respondents

JUDGEMENT

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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